- 18 - petitioner. DEFRA sec. 177(d)(2), 98 Stat. 711. Specifically, DEFRA section 177(d)(2)(A) provides: (2) Adjusted basis of assets. -- (A) In general.--Except as otherwise provided in subparagraph (B), the adjusted basis of any asset of the Federal Home Loan Mortgage Corporation held on January 1, 1985, shall-- (i) for purposes of determining any loss, be equal to the lesser of the adjusted basis of such asset or the fair market value of such asset as of such date, and (ii) for purposes of determining any gain, be equal to the higher of the adjusted basis of such asset or the fair market value of such asset as of such date. The “special basis rules [were] designed to ensure that, to the extent possible, pre-1985 appreciation or decline in the value of * * * [petitioner’s] assets will not be taken into account for tax purposes.” H. Conf. Rept. 98-861, at 1038 (1984), 1984-3 C.B. (Vol. 2) 1, 292. Section 167(a) allows taxpayers to depreciate property used in a trade or business, or held for the production of income, for exhaustion, wear and tear, and obsolescence. Section 167(g) provides that “The basis on which exhaustion, wear and tear, and obsolescence are to be allowed in respect to any property shall be the adjusted basis provided in section 1011 for the purpose of determining the gain on the sale or other disposition of such property.” The depreciation of intangible assets is specificallyPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011