Treasury Regulations (26 C.F.R.)
26 CFR § 1.168A-7
Payment by United States of unamortized cost of facility.
# (a)
Section 168(g) contemplates that certain payments may be made by the United States to a taxpayer as compensation for the unamortized cost of an emergency facility. If any such payment is properly includible in gross income and has been certified, as provided in section 168(g), as having been paid under the circumstances described therein, a taxpayer which is recovering the adjusted basis of an emergency facility through amortization rather than depreciation may elect to take an amount equal to such payment as an amortization deduction with respect to such facility for the month in which such payment is so includible. Such amortization deduction shall be in lieu of the amortization deduction otherwise allowable with respect to such facility for such month, but it shall not in any case exceed the adjusted basis of such facility (see § 1.168A-5) as of the end of such month (computed without regard to any amortization deduction for such month). The election referred to in this paragraph shall be made in the return for the taxable year in which the amount of such payment is includible in gross income.
# (b)
If a taxpayer is recovering the adjusted basis of an emergency facility through depreciation rather than amortization, the depreciation deduction allowable under section 167 for the month in which the amount of any such payment is includible in gross income shall, at the taxpayer's election, be increased by such amount; but the total deduction with respect to the certified portion of such facility shall not in any case exceed the adjusted basis of such facility (computed as provided in section 168(e) and § 1.168A-5 for amortization purposes) as of the end of such month (computed without regard to any amount allowable for such month under section 167 or 168(g)(2)). The election referred to in this paragraph shall be made in the return for the taxable year in which the amount of such payment is includible in gross income.
# (c)
This section may be illustrated by the following examples:
Example 1.
On January 31, 1954, the X Corporation purchases an emergency facility at a cost of $600,000. The certificate covers the entire acquisition. The X Corporation elects to take amortization deductions with respect to such facility and to begin the 60-month amortization period with February 1954, the month following the month of acquisition. On July 15, 1955, as a result of the cancellation of certain contracts with the X Corporation, the United States makes a payment of $300,000 to the corporation as compensation for the unamortized cost of such facility. The $300,000 payment is includible in the X Corporation's gross income for July 1955. The adjusted basis of such facility for amortization purposes as of the end of July 1955, computed without regard to any amortization deduction for such month, is $430,000. Accordingly, the corporation is entitled to take an amortization deduction of $300,000 for such month, in lieu of the $10,000 amortization deduction which is otherwise allowable.
Example 2.
On November 30, 1954, the Y Corporation purchases an emergency facility, consisting of land with a building thereon, at a cost of $500,000, of which $200,000 is allocable to the land and $300,000 to the building. The certificate covers the entire acquisition. The Y Corporation does not elect to take amortization deductions with respect to such facility, but is entitled to a depreciation deduction with respect to the building at the rate of 3 percent per annum, or $750 per month. On August 12, 1956, as a result of cancellation of certain contracts, the United States makes a payment of $400,000 to the corporation as compensation for the unrecovered cost of such facility. The $400,000 is includible in the Y Corporation's gross income for August 1956. The adjusted basis of the facility as of the end of August 1956, computed without regard to depreciation for such month, is $485,000, of which amount $200,000 is allocable to the land and $285,000 to the building. Accordingly, the corporation is entitled to increase the $750 depreciation deduction for August 1956 by the full amount of the $400,000 payment.
[T.D. 6500, 25 FR 11402, Nov. 26, 1960; 25 FR 14021, Dec. 21, 1960. Redesignated and amended by T.D. 8116, 51 FR 46619, Dec. 24, 1986]
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In this part (40 sections)
- 1.168(h)-1 · (h)-1 Like-kind exchanges involving tax-exempt use…
- 1.168(i)-0 · (i)-0 Table of contents for the general asset account…
- 1.168(i)-1 · (i)-1 General asset accounts.
- 1.168(i)-2 · (i)-2 Lease term.
- 1.168(i)-3 · (i)-3 Treatment of excess deferred income tax reserve upon…
- 1.168(i)-4 · (i)-4 Changes in use.
- 1.168(i)-5 · (i)-5 Table of contents.
- 1.168(i)-6 · (i)-6 Like-kind exchanges and involuntary conversions.
- 1.168(i)-7 · (i)-7 Accounting for MACRS property.
- 1.168(i)-8 · (i)-8 Dispositions of MACRS property.
- 1.168(j)-1T · (j)-1T Questions and answers concerning tax-exempt entity…
- 1.168(k)-0 · (k)-0 Table of contents.
- 1.168(k)-1 · (k)-1 Additional first year depreciation deduction.
- 1.168(k)-2 · (k)-2 Additional first year depreciation deduction for…
- 1.168A-1 · Amortization of emergency facilities; general rule.
- 1.168A-2 · Election of amortization.
- 1.168A-3 · Election to discontinue amortization.
- 1.168A-4 · Definitions.
- 1.168A-5 · Adjusted basis of emergency facility.
- 1.168A-6 · Depreciation of portion of emergency facility not subject to…
- 1.168A-7 · Payment by United States of unamortized cost of facility.
- 1.169-1 · Amortization of pollution control facilities.
- 1.169-2 · Definitions.
- 1.169-3 · Amortizable basis.
- 1.169-4 · Time and manner of making elections.
- 1.170-3 · Contributions or gifts by corporations (before amendment by…
- 1.170A-1 · Charitable, etc., contributions and gifts; allowance of…
- 1.170A-2 · Amounts paid to maintain certain students as members of the…
- 1.170A-3 · Reduction of charitable contribution for interest on certain…
- 1.170A-4 · Reduction in amount of charitable contributions of certain…
- 1.170A-4A · Special rule for the deduction of certain charitable…
- 1.170A-5 · Future interests in tangible personal property.
- 1.170A-6 · Charitable contributions in trust.
- 1.170A-7 · Contributions not in trust of partial interests in property.
- 1.170A-8 · Limitations on charitable deductions by individuals.
- 1.170A-9 · Definition of section 170(b)(1)(A) organization.
- 1.170A-10 · Charitable contributions carryovers of individuals.
- 1.170A-11 · Limitation on, and carryover of, contributions by…
- 1.170A-12 · Valuation of a remainder interest in real property for…
- 1.170A-13 · Recordkeeping and return requirements for deductions for…