The Charles Schwab Corporation and Subsidiaries - Page 30

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               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.                                  





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