Norwest Corporation and Subsidiaries - Page 24

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         plaster, window frames, patched brick, and paint, as well as                 
         plumbing repairs, demolition, and cleanup).  Temporary barriers and          
         closures were erected during work in progress. The Court recognized          
         that each phase of the remodeling project, removed in time and               
         context, might be considered a repair item, but stated that "The             
         Code, however, does not envision the fragmentation of an over-all            
         project for deduction or capitalization purposes."  The Court held           
         that the expenditures were not made for incidental repairs but were          
         part of an overall plan of rehabilitation, restoration, and                  
         improvement of the building.                                                 
              N.  The Parties' Arguments                                              
              Petitioner contends that the costs of removing the asbestos-            
         containing materials are deductible as ordinary and necessary                
         business expenses because: (1) The asbestos removal constitutes              
         "repairs"7 within the meaning of section 1.162-4, Income Tax Regs.;          
         (2) the asbestos removal did not increase the value of the Douglas           
         Street building when compared to its value before it was known to            
         contain a hazardous substance--a hazard was essentially removed and          
         the building's value was restored to the value existing prior to the         
         discovery of  the  concealed  hazard;8 (3) although performed                

               7    Petitioner states in its opening brief that "The law              
          recognizes that removing an unsafe condition is a repair rather             
          than an improvement", citing Schmid v. Commissioner, 10 B.T.A.              
          1152 (1928).                                                                
               8    Petitioner introduced the reports and testimony of two            
          expert witnesses concerning the impact of the asbestos removal              
                                                             (continued...)           




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