USFreightways Corporation - Page 7




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          interpreting the section further specify that vehicle operating             
          costs and insurance premiums are among the items that may qualify           
          as ordinary business expenses.  Sec. 1.162–1(a), Income Tax Regs.           
               On the other hand, section 263(a), entitled Capital                    
          Expenditures, mandates: “No deduction shall be allowed for--(1)             
          Any amount paid out for new buildings or for permanent                      
          improvements or betterments made to increase the value of any               
          property or estate.”  Regulations then offer the following                  
          explanatory examples: “The cost of acquisition, construction, or            
          erection of buildings, machinery and equipment, furniture and               
          fixtures, and similar property having a useful life substantially           
          beyond the taxable year.”  Sec. 1.263(a)-2(a), Income Tax Regs.             
               The significance of classifying any given expense as either            
          ordinary or capital lies in the contrasting tax treatments                  
          mandated by the label affixed.  As expounded in a recent Supreme            
          Court analysis of the two sections, “The primary effect of                  
          characterizing a payment as either a business expense or a                  
          capital expenditure concerns the timing of the taxpayer’s cost              
          recovery: While business expenses are currently deductible, a               
          capital expenditure usually is amortized and depreciated over the           
          life of the relevant asset”.  INDOPCO, Inc. v. Commissioner, 503            
          U.S. 79, 83-84 (1992).  The purpose of the sections is “to match            
          expenses with the revenues of the taxable period to which they              
          are properly attributable, thereby resulting in a more accurate             






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Last modified: May 25, 2011