- 30 - permitted merely because, in the unsupported opinion of the taxpayer, the intangible asset has a limited useful life. No deduction for depreciation is allowable with respect to goodwill. * * * As we explained in Fed. Home Loan Mortgage Corp. v. Commissioner, 121 T.C. 254, 258-259 (2003): For an intangible asset to be amortizable under section 167(a), the taxpayer must prove with reasonable accuracy that the asset is used in the trade or business or held for the production of income and has a value that wastes over an ascertainable period of time. Newark Morning Ledger Co. v. United States, 507 U.S. 546, 566 (1993); FMR Corp. v. Commissioner, 110 T.C. 402, 430 (1998). The taxpayer must prove that the intangible asset has a limited useful life, the duration of which can be ascertained with reasonable accuracy, and the asset has an ascertainable value separate and distinct from goodwill and going-concern value. S. Bancorporation, Inc. v. Commissioner, 847 F.2d 131, 136-137 (4th Cir. 1988), affg. T.C. Memo. 1986-601. * * * Respondent admits on brief that customer accounts are one type of intangible asset for which amortization may be available under section 167. Respondent, however, focusing on the seminal holding in Newark Morning Ledger Co. v. United States, 507 U.S. 546, 566 (1993) (Newark), argues that customer accounts of brokers differ from newspaper subscriptions in ways which would make the Newark holding inapplicable to the facts of these cases.14 If the acquired customer accounts are found to be amortizable, respondent argues in the alternative that petitioner 14 In Newark Morning Ledger Co. v. United States, 507 U.S. 546, 566 (1993) (Newark), the Supreme Court held that an acquired list of newspaper subscribers had a separate value and a limited useful life and was therefore amortizable.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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