- 2 - P, a discount stock brokerage, purchased all of the stock of a smaller discount stock brokerage and elected to allocate the purchase price amongst the assets of the acquired brokerage. P valued the customer accounts acquired in the stock purchase and amortized them. R contends that P’s acquired discount brokerage customer accounts are not amortizable because of differences from the customers/subscribers for which the Supreme Court permitted amortization in Newark Morning Ledger Co. v. United States, 507 U.S. 546, 566 (1993). R further contends that P has overvalued the customer accounts and that, in some instances, the useful lives of the accounts may not be determinable. Held: Sec. 461(d), I.R.C., interpreted--P is not entitled to accelerate California franchise tax deductions for the years under consideration. Held, further, P’s discount brokerage customer accounts may be amortized and are not necessarily distinguishable from the subscriber accounts considered in Newark Morning Ledger Co. Held, further, P has shown the value and useful life of the acquired customer accounts and is entitled to amortize them. Glenn A. Smith, Erin M. Collins, Laurence J. Bardoff, and Patricia J. Galvin, for petitioner. Rebecca T. Hill, for respondent. GERBER, Judge: Respondent, in these consolidated cases,1 determined deficiencies in petitioner’s2 1989, 1990, 1991, and 1 These cases have been consolidated for purposes of trial, briefing, and opinion. Docket No. 16903-98 pertains to petitioner’s 1989, 1990, and 1991 tax years, and docket No. 18095-98 pertains to petitioner’s 1992 tax year. 2 The use of “petitioner” relates to the three entities that make up the consolidated group.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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