Helen Sophie Schroeder - Page 11

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                Sparky  (dog)                    150                                         
                Bubbles (dog)                    150                                         
                Total                        5,500                                           
          Winston was the offspring of one of petitioner's foals.  There is                  
          no record of how Midnight and Bubbles were acquired.                               
                                          OPINION                                            
          Whether Petitioner Must Capitalize Costs Related to Buildings                      
                It is conceded by respondent that petitioner incurred costs                  
          for the Rhodes and Whitefeather properties in the amounts listed                   
          on her 1991 tax return.  The issue is whether petitioner must                      
          capitalize those costs.  "The line of demarcation between                          
          deductible repairs and additions to capital is, of course,                         
          obscure."  Stoeltzing v. Commissioner, 266 F.2d 374, 376 (3d Cir.                  
          1959), affg. T.C. Memo. 1958-111.                                                  
                Amounts expended for ordinary and necessary incidental                       
          repairs and maintenance may be deducted by a cash basis taxpayer                   
          when paid, while amounts incurred to permanently improve property                  
          or increase its value must be capitalized and depreciated over                     
          the useful life of the improvement.  Sec. 162(a); secs. 1.162-4,                   
          1.263(a)-1(b), Income Tax Regs.  The Court of Appeals for the                      
          Ninth Circuit has summarized the difference as:                                    
                The often-litigated distinction between repair expenses                      
                and capital improvements has been characterized as the                       
                difference between "keeping" and "putting" a capital                         
                asset in good condition:                                                     
                           The test which normally is to be applied                          
                     is that if the improvements were made to "put"                          
                     the particular capital asset in efficient                               
                     operating condition, then they are capital in                           




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