- 5 - Discussion Respondent's position is that petitioner is not justified in taking loss deductions relating to the unamortized balance of the noncompetition agreements. Respondent believes that the injunction issued by the U.S. District Court of Arizona did not interfere with the noncompetition agreements, and the correct tax treatment was to continue to ratably deduct the values of the noncompetition agreements over their respective lives. Petitioner argues that the downturn in the local logging industry, due to the Mexican Spotted Owl's addition to the endangered species list and the ensuing injunction issued by the district court, makes the noncompetition agreements economically useless because of reasonably foreseeable economic changes due to legislative or regulatory action. Petitioner argues that it is entitled to its loss deductions in FYE March 31, 1996, and the loss carryback to FYE March 31, 1993, pursuant to section 167 and its governing regulations. Specifically, petitioner cites 1.167(a)-9, Income Tax Regs., as authority for its deductions. Respondent argues that section 1.167(a)-8, Income Tax Regs., controls the outcome of this case. Respondent argues that because petitioner alleges that the obsolescence in this case was sudden, the penultimate sentence of 1.167(a)-9, Income Tax Regs., shifts the analysis to section 1.167(a)-8, Income Tax Regs. Basing his position on ABCO Oil Corp. v. Commissioner, T.C. Memo.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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