Precision Pine & Timber, Inc. - Page 6




                                        - 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.           






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