- 10 - that expense. A. E. Staley Manufacturing Co. v. Commissioner, supra at 195. Petitioners contend that their land development activities did not change the physical characteristics of the land itself nor did they affect title and that, therefore, there were no "improvements or betterments" to the land. Petitioners also maintain that they did not have a vested interest in the zoning change during the years at issue and would not acquire such an interest until a land-use permit was granted; consequently, they argue, their activities did not lead to a "permanent" change during the years at issue, which, as petitioners interpret section 263(a)(1), is required for capitalization. While physical alterations, e.g., construction, or actions affecting title, may be sufficient conditions to classify an expense as capital, they are not necessary conditions. INDOPCO, Inc. v. Commissioner, supra at 86-87; Commissioner v. Lincoln Savings & Loan Association, 403 U.S. 345, 358 (1971) ("� 263 does not provide a complete list of nondeductible expenditures"). Nor does section 263(a)(1) require that the change for which the funds were expended be completed or vested within a specific tax year for that change to be permanent within the meaning of that section. The foregoing principles have been applied in a number of cases where expenditures in efforts to obtain changes in land zoning have been required to be capitalized. Godfrey v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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