- 8 - amortizable asset due to any of a variety of factors including "legislative or regulatory action." The regulation is controlling only when assets become obsolete over a period of time greater than 1 year. Id. Assuming that petitioner's noncompetition agreements became obsolete as a result of a "sudden" event, the 1995 prohibitory injunction, the Court must look elsewhere for guidance. When an amortizable asset becomes obsolete within 1 taxable year, a taxpayer may be entitled to a loss deduction. Keller Street Dev. Co. v. Commissioner, 323 F.2d 166, 171 (9th Cir. 1963), affg. in part, and revg. in part 37 T.C. 559 (1961); Moise v. Burnet, 52 F.2d 1071 (9th Cir. 1931); Coors Porcelain Co. v. Commissioner, supra at 692. The appropriate statutory provision for the allowance of a loss deduction for extraordinary obsolescence of a depreciable asset occurring within 1 year is section 165(a). See sec. 1.165-1, Income Tax Regs. Generally, section 1.167(a)-8, Income Tax Regs., provides the rules governing the recognition, amount, and basis for gain or loss resulting from the sudden termination of the usefulness of depreciable assets. Coors Porcelain Co. v. Commissioner, supra at 692; secs. 1.165-2(c) and 1.167(a)-8(a), -9, Income Tax Regs. Section 165(a) allows a deduction for any loss sustained during the taxable year and not compensated for by insurance or otherwise. To be allowable as a deduction under section 165(a),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011