- 17 - exhaustion, wear and tear, and obsolescence are to be allowed in respect of any property shall be the adjusted basis provided in section 1011". As pertinent here, section 1011(a) defines the term "adjusted basis" as the basis determined under section 1012, adjusted as provided under section 1016, and section 1012 pro- vides that the basis of property is its cost. Section 1016(a)(2) provides in pertinent part that adjustments in respect of prop- erty shall be made, inter alia, to the extent of the amount of depreciation deductions allowed for that property. Section 1015(a) provides in pertinent part that if “property was acquired by gift after December 31, 1920, the basis shall be the same as it would be in the hands of the donor”. Assuming arguendo (1) that SDC transferred the computer simulator to TGC by gift, (2) that any such gift is treated as a gift to petitioners for purposes of determining petitioners’ entitlement for the taxable years at issue to depreciation deductions with respect to that simulator, and (3) that petition- ers’ basis in the computer simulator under section 1015(a) is SDC’s cost of, and thus its basis in, that simulator, we must determine SDC’s cost of that simulator. Petitioners contend that SDC’s cost of the computer simula- tor is the amount that SDC paid to TGC pursuant to the 1992 contract (i.e., $1,049,117). On the record before us, we reject that contention. SDC paid $1,049,117 to TGC pursuant to the 1992 contract for all of the work that TGC performed under thatPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011