Nevia Campbell - Page 4




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          repairs on the roof.”  The work done on the rental house by the             
          contractors also included interior repairs and drywall                      
          installation, the cost of which respondent has conceded.                    
               The contractors removed the existing top layers of the roof            
          and recovered it with fiberglass sheets and hot asphalt.  They              
          made no structural changes to the roof.  The $8,000 cost of                 
          removing and replacing the roof-covering material on the roof of            
          the rental house is the amount in issue.  Petitioner claims it is           
          a deductible expense; respondent argues it is a capital expense.            
               Section 162 provides for the deduction of all ordinary and             
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  See sec. 62(a)(4).  The costs             
          of incidental repairs to property are deductible if those repairs           
          neither materially add to the value of the property nor                     
          appreciably prolong the life of the property.  Sec. 1.162-4,                
          Income Tax Regs.  Repairs in the nature of replacements, to the             
          extent that they arrest deterioration and appreciably prolong the           
          life of the property, must generally be capitalized and                     
          depreciated in accordance with section 167.  Id.  Further,                  
          section 263(a) provides that no deduction shall be allowed for              
          permanent improvements or betterments made to increase the value            
          of any property.                                                            
               The issue in this case has been considered previously by               
          this Court in Oberman Manufacturing Co. v. Commissioner, 47 T.C.            






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