Capital Blue Cross and Subsidiaries - Page 25

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               time, they are replaced by new components, thereby                     
               causing only minimal fluctuations and no measurable                    
               loss in the value of the whole.  * * *  [Id. at 557.]                  

               The Supreme Court explained further that customer-based                
          intangible assets relating to the expectancy of continued                   
          business may be depreciated provided the taxpayer is able to                
          satisfy its evidentiary burden of establishing with reasonable              
          accuracy that the intangible asset is capable of being valued and           
          that the intangible asset diminishes in value over an                       
          ascertainable period of time.  Id. at 566.  Whether taxpayers               
          satisfy this dual burden (affecting the separate tax treatment of           
          discrete customer-based intangible assets) constitutes a question           
          of fact.  Id. at 564.                                                       
               In Newark Morning Ledger Co., because the Supreme Court                
          concluded that the taxpayer therein had satisfied its burden of             
          establishing the value and useful life of the subscriber                    
          contracts, the taxpayer was allowed the claimed depreciation                
          deductions for the value assigned to the contracts.  The Supreme            
          Court cautioned, however, that with regard to tax deductions                
          relating to customer-based intangibles a taxpayer’s burden of               
          proof “often will prove too great to bear.”  Id. at 566.                    
               In the same Newark Morning Ledger Co. opinion, the Supreme             
          Court made a number of similar statements regarding a taxpayer’s            
          evidentiary burden with regard to customer-based intangible                 
          assets (in the context of claimed tax deductions relating                   
          thereto), quoting in part from earlier court opinions and                   






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Last modified: May 25, 2011