David J. Lychuk and Mary K. Lychuk, et al. - Page 21




                                       - 18 -                                         
          currently deduct the installment contracts expenditures to the              
          extent of the overhead expenses.  We conclude that ACC’s payment            
          of the overhead expenses was not directly related to the                    
          anticipated acquisition of any of the installment contracts.  We            
          also conclude that any future benefit that ACC received from the            
          overhead expenses was incidental to its payment of them.  As                
          discussed in detail below, we believe that the Supreme Court’s              
          mandate as to capitalization requires that an expenditure be                
          capitalized when it:  (1) Creates or enhances a separate and                
          distinct asset, see Commissioner v. Lincoln Sav. & Loan                     
          Association, 403 U.S. 345, 354 (1971), (2) produces a significant           
          future benefit, see INDOPCO, Inc. v. Commissioner, supra at 87-             
          89, or (3) is incurred “in connection with” the acquisition of a            
          capital asset,10 Commissioner v. Idaho Power Co., 418 U.S. 1, 13            
          (1974); see Woodward v. Commissioner, 397 U.S. 572, 575-576                 
          (1970).  Given the Supreme Court’s pronouncement in Woodward v.             
          Commissioner, supra at 577, that an acquisition-related                     


               10 We, like the Court of Appeals for the Eleventh Circuit in           
          Ellis Banking Corp. v. Commissioner, supra at 1379, understand              
          the term “capital asset” to be used for this purpose in its                 
          accounting sense to encompass any asset with a useful life                  
          exceeding 1 year.  See also United States v. Akin, 248 F.2d 742,            
          744 (10th Cir. 1957) (“it may be said in general terms that an              
          expenditure should be treated as one in the nature of a capital             
          outlay if it brings about the acquisition of an asset having a              
          period of useful life in excess of one year”.  Such an                      
          understanding is directly consistent with the Secretary’s                   
          interpretation set forth in sec. 1.263(a)-2(a), Income Tax Regs.,           
          of examples of property for which the costs of acquisition are              
          capital expenditures.                                                       




Page:  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