Michael A. McGrath and Frances Y. McGrath - Page 14




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          capital expenditures that otherwise would have been currently               
          deductible trade or business expenses.  See, e.g., Commissioner             
          v. Idaho Power Co., 418 U.S. 1 (1974).  Unless some other special           
          rules apply (see, e.g., the subparagraphs of sec. 263(a)(1)), the           
          taxpayer’s deductions for capital expenditures (if allowable at             
          all) generally come by way of amortization or depreciation; i.e.,           
          the capital expenditure is deductible over a period of time.                
          See, e.g., secs. 167, 168, and 169.                                         
               Ordinarily, depreciation or amortization is thought of as a            
          deduction available to an owner of an asset with respect to that            
          owner’s basis in the asset.  However, a lack of ownership is not            
          determinative.  We described the analysis in Currier v.                     
          Commissioner, 51 T.C. 488, 492 (1968), as follows:                          
                    The allowance for depreciation is designed to permit              
               the person who invests in a wasting asset a means of                   
               recouping, tax free, his investment in that property.  To              
               have the benefit of this deduction the taxpayer has the                
               burden of proving that he has a depreciable interest in the            
               property as to which he seeks a depreciation allowance.  See           
               Barnes v. United States, 222 F.Supp. 960 (D. Mass. 1963),              
               affirmed sub nom. Buzzell v. United States, 326 F.2d 825               
               (C.A. 1, 1964), and the cases cited therein.                           
                    Where the owner of real property enters into a long-              
               term lease, under the terms of which the lessee is to                  


               10(...continued)                                                       
               SEC. 263.  CAPITAL EXPENDITURES.                                       
                    (a) General Rule.--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. * * *                        





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