Norwest Corporation and Subsidiaries - Page 21

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          property in an ordinarily efficient operating condition.  See sec.          
          1.162-4, Income Tax Regs.                                                   
               Deductions are exceptions to the norm of capitalization.               
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). An income            
          tax deduction is a matter of legislative grace; the taxpayer bears          
          the burden of proving its right to a claimed deduction.  Rule               
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                       
               In Illinois Merchants Trust Co. v. Commissioner, 4 B.T.A. 103,         
          106 (1926), which involved the cost of shoring up a wall and                
          repairing a foundation  needed  to  prevent  a  building  from              
          collapsing, the Board of Tax Appeals drew  the  following                   
          distinctions:                                                               
                   To repair is to restore to a sound state or to                     
                   mend, while  a  replacement  connotes a                            
                   substitution.  A repair is an expenditure for                      
                   the purpose of keeping the property in an                          
                   ordinarily efficient operating condition. * *                      
                   * Expenditures for that purpose are                                
                   distinguishable from those for replacements,                       
                   alterations, improvements or additions which                       
                   prolong the life of the property, increase its                     
                   value, or make it adaptable to a different use.                    
                   The one is a maintenance charge, while the                         
                   others are additions to capital investment                         
                   which should not be applied against current                        
                   earnings. * * *                                                    
                                                                                     
         The distinction between repairs and capital improvements has also            
         been characterized as follows:                                               
                         "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                     
                    nature.  If, however, they were made merely to                    
                    'keep' the asset in efficient operating                           




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