- 11 - of fact. INDOPCO, Inc. v. Commissioner, supra at 86; Norwest Corp. v. Commissioner, supra at 280. The distinctions between current expenses and capital expenditures "are those of degree and not of kind". INDOPCO, Inc. v. Commissioner, supra at 86 (quoting Welch v. Helvering, 290 U.S. 111, 114 (1933)). "Courts have adopted a practical case-by-case approach in applying the principles of capitalization and deductibility." Norwest Corp. v. Commissioner, supra at 280.3 In this context, we see no need for us to cut through the thicket of the decided cases and detail, as the parties have sought to do, their facts and holdings in order to arrive at a decision herein.4 Rather, we shall discuss the facts as reflected in the record before us and arrive at a conclusion, recognizing that we shall be engaging in an exercise in line drawing, a difficult task which nevertheless is part of the daily grist of judicial life. See Harrison v. Schaffner, 312 U.S. 579, 583 (1941); Russell Box Co. v. Commissioner, 208 F.2d 452, 454 (1st Cir. 1953); Allen v. Commissioner, 66 T.C. 340, 346 (1976). The parties have stipulated: (1) The relocation was accomplished in order to permit the use of the pipeline in the 3 See also 1 Bittker and Lokken, Federal Taxation of Income, Estates and Gifts, sec. 20.4.8, at 20-92 (2d ed. 1989). 4 As the Supreme Court has observed, the cases in this area "appear difficult to harmonize". See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 86 (1992).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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