Basin Electric Power Cooperative - Page 38

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          period over which to amortize and deduct the expenditures at                
          issue is 1995 and 1996.  Section 1.167(a)-3, Income Tax Regs., on           
          which petitioner relies in support of that argument, states that            
          an intangible asset may be the subject of a depreciation allow-             
          ance if that intangible asset has an ascertainable, limited                 
          useful life.  Petitioner has not offered any evidence establish-            
          ing that the useful life of the modified 1985 sale and leaseback            
          is only the two-year period 1995 and 1996.  That petitioner in              
          effect recouped the expenditures at issue over 1995 and 1996                
          pursuant to the terms of the modified 1985 sale and leaseback               
          agreements does not establish that the useful life of each of               
          those agreements is that two-year period.  On the record before             
          us, we reject petitioner’s argument that section 1.167(a)-3,                
          Income Tax Regs., requires that the expenditures at issue be                
          amortized and deducted over the two-year period 1995 and 1996.              
               We turn now to respondent’s argument that the appropriate              
          period over which to amortize and deduct the expenditures at                
          issue is the term of the modified 1985 sale and leaseback agree-            
          ments beginning with 1995 and ending with 2020.  The Supreme                
          Court of the United States has concluded that “a capital expendi-           
          ture usually is amortized and depreciated over the life of the              
          relevant asset”.  INDOPCO, Inc. v. Commissioner, 503 U.S. at 83-            
          84.  Petitioner cites no authority that would take the instant              








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