Federal Home Loan Mortgage Corporation - Page 18

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          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 specifically           







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