- 13 - its first taxable year commencing January 1, 1985, and that thereafter it consistently accounted for its accrued interest from the date of the acquisition of the mortgages until the foreclosures on the underlying real estate. Petitioner argues: It is long established law that when an entity becomes taxable for the first time, its adjusted cost basis in its assets, as of the date on which it becomes subject to federal income tax must be determined by reference to events that occurred during the pre- taxable period, using consistently the tax accounting method adopted by the taxpayer. * * * We might agree that petitioner’s argument is correct in certain specific circumstances;10 however, we cannot agree that petitioner’s supposition merits recognition as a rule of general application. In the instant cases, we are dealing with a regulatory provision which requires that accrued, but unpaid, interest be returned as income as a condition precedent to the inclusion of that interest amount in the taxpayer’s regular adjusted cost basis. Petitioner has not returned its accrued interest as income for taxable years before January 1, 1985; it does not meet the requirement stated in section 1.166-6(a)(2), 10See, e.g., sec. 1016(a)(3) (providing an adjustment for previously tax-exempt individuals or organizations for exhaustion, wear and tear, obsolescence, amortization, and depletion, to the extent sustained for any period in which such individuals or organizations were not subject to taxation); Fed. Home Loan Mortgage Corp. v. Commissioner, 121 T.C. 128 (Sept. 4, 2003). Sec. 1.166-6(a)(2), Income Tax Regs., provides no comparable adjustment to regular adjusted cost basis for interest which accrued during a period in which a taxpayer was tax exempt.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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