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Code Section 197 Case Study

Satisfactory Essays

Samah Alshaikh
Acc 352 – Fall 2014
Code Section 197
Day Class

Code Summary:
Code section 197 generally allows taxpayers to deduct the amortization with respect to amortizable intangibles which are stipulated in the section. The amount of the deduction is determined by amortizing the adjusted basis of the intangible over the 15-year period beginning with the month in which the intangible was acquired. Taxpayers may amortize these costs if they hold intangibles in connection with their trade or business or in an activity engaged in for the production of income. For example, Assume on January 1, 2004, Sara purchased all the assets of a business, and recognized two amortizable section 197 intangibles: $30,000 goodwill; $45,000 going concern …show more content…

However, the tax basis of other amortizable, which was acquired in the same transaction, would be adjusted; that means the bases of the other intangible must be increased from the basis of the disposed intangible amount. Although, a taxpayer shall not recognize an immediate loss of the entire amount of the worthless intangible, the impairment of the intangible would be recognized over its remaining amortizable lives by increasing the bases of the other associated amortizable intangible. Continuing with the previous example, assuming that on December 31, 2007, Sara deemed goodwill to have a zero value. Consequently, Sara should increase the basis of going concern value by $24000, resulting in an adjusted basis of $60,000. Thus, the worthless goodwill amount continues to be amortized without any change to either the amount of amortization or the period of amortization. The only change that the amortization would be under the guise of another related intangible. On the other hand, if the worthless intangible were the only amortizable section 197 intangible acquired in the transaction, it could be written off, since there would be no basis to adjust of another existent amortizable section 197 intangible from that same purchase

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