- 8 - the Route 83 relocation, the direction, capacity, pressure, and product flow of petitioner's pipeline remained unchanged, including the direction, capacity, pressure, and product flow at the Route 83 location. The Route 83 relocation was intended to and did keep petitioner's pipeline in the same ordinary and normal working condition as it was in before the relocation. Discussion Section 162(a) allows the deduction of "all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business". Section 1.162-4, Income Tax Regs., provides: The cost of incidental repairs which neither materially add to the value of the property nor appreciably prolong its life, but keep it in an ordinarily efficient operating condition, may be deducted as an expense * * *. Repairs in the nature of replacements, to the extent that they arrest deterioration and appreciably prolong the life of the property, shall * * * be capitalized * * * On the other hand, section 263(a)(1) provides that "No deduction shall be allowed for * * * Any amount paid out for new buildings or for permanent improvements or betterments made to increase the value of any property or estate." Such an amount "is a capital expenditure that is taken into account through inclusion in inventory costs or a charge to capital accounts or basis". Sec. 1.263(a)-1(b), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011