James E. Blasius and Mary Jo Blasius, et al. - Page 32

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          inconsistent with the capitalization of the acquisition costs at            
          issue [in the FSA]”.                                                        
               The legislative history of section 195 lends support to                
          respondent’s position in the FSA that that provision was not                
          intended to apply to the cost of investigating the acquisition of           
          a specific capital asset.  H. Rept. 96-1278, 1980-2 C.B. 709, is            
          the report of the Committee on Ways and Means (the committee)               
          that accompanied H.R. 7956, which, when enacted in the                      
          Miscellaneous Revenue Act of 1980, Pub. L. 96-605, sec. 102, 94             
          Stat. 3522, added section 195 to the Code.  In describing the               
          pre-section 195 law, the committee makes the following                      
          observation:                                                                
                    Expenditures made in acquiring or creating an                     
               asset which has a useful life that extends beyond the                  
               taxable year normally must be capitalized.  These costs                
               ordinarily may be recovered through depreciation or                    
               amortization deductions over the useful life of the                    
               asset.  However, costs which relate to an asset with                   
               either an unlimited or indeterminate useful life may be                
               recovered only upon a disposition or cessation of the                  
               business.  [H. Rept. 96-1278, 1980-2 C.B. at 712.]                     
          Under the heading “Reasons for change”, the committee expresses             
          its belief that providing “for the amortization of business                 
          startup and investigatory expenses will encourage formation of              
          new businesses and decrease controversy and litigation arising              
          under present law with respect to the proper income tax                     
          classification of startup expenditures.”  Id.  Those statements,            
          when read together, indicate that the committee viewed                      






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