- 8 - herein. Petitioners cannot claim surprise or ignorance as to the basis for the determinations. Under the circumstances herein, we reject petitioners' request noting that, in any event, we can dispose of the case on the merits based on the undisputed facts with the result that the location of the burden of proof becomes irrelevant. Section 162(a)3 allows the deduction of "all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business". However, 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." The parties have stipulated that the activities of LM Development constituted a "business", but that is not determinative of deductibility. As the Court of Appeals for the Ninth Circuit stated in Madden v. Commissioner, 514 F.2d 1149, 1150 (9th Cir. 1975), revg. and remanding 57 T.C. 513 (1972)4: The statutes involved in this appeal are relatively clear. Sections 162 and 212 allow a taxpayer to deduct many current expenses from ordinary 3 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable years before the Court, and all Rule references are to the Tax Court Rules of Practice and Procedure. 4 Madden and its rationale were specifically accepted by this Court in Soelling v. Commissioner, 70 T.C. 1052, 1055-1056 (1978).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011