Norwest Corporation and Subsidiaries - Page 25

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         concurrently, the asbestos removal and remodeling were not part of           
         a general plan of rehabilitation because they were separate and              
         distinct projects, conceived of independently, undertaken for                
         different purposes, and performed by separate contractors; and (4)           
         using the principles of section 213 (which allows individuals to             
         deduct certain personal medical expenses that are capital in nature)         
         and section 1.162-10, Income Tax Regs. (which allows a trade or              
         business to deduct medical expenses paid to employees on account of          
         sickness), the cost of removing a health hazard is deductible under          
         section 162.9                                                                
              Respondent, on the other hand, contends that the costs of               
         removing the asbestos-containing materials must be capitalized               
         because: (1) The removal was neither incidental nor a repair;10 (2)          

              8(...continued)                                                         
          costs on the value of the Douglas Street building. These experts            
          opined that the discovery of asbestos as a health hazard in                 
          combination with the extent of asbestos present in the building             
          resulted in an immediate diminution in the value of the building.           
          (One of the experts testified that the building would be                    
          appraised as if it did not contain asbestos, and then the amount            
          it would cost to repair the condition would be deducted from the            
          appraisal.) The expert testimony supports petitioner's argument             
          that the asbestos removal merely restored the original value of             
          the building (i.e., without hazardous fireproofing) but did not             
          enhance its value.                                                          
               9    Petitioner also relies on Rev. Rul. 79-66, 1979-1 C.B.            
          114, which allows, under limited circumstances, a sec. 213                  
          deduction for an individual taxpayer's costs of removing and                
          covering lead-based paint in a personal residence, to the extent            
          the costs exceed the increase in the residence's value.                     
               10   Respondent contends that petitioner's reliance on                 
          Schmid v. Commissioner, supra, is misplaced.  The Board of Tax              
                                                             (continued...)           




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