- 48 - business advice or whether the services were performed in the process of effecting a change in corporate structure for the benefit of future operations. INDOPCO, Inc. v. Commissioner, supra at 89; Honodel v. Commissioner, supra. In the present case, the nature of the services performed by Bear Stearns was business planning or advice. The amounts paid to Bear Stearns did not result in any change in corporate structure or long-term benefit. We believe that this case differs from INDOPCO, Inc. v. Commissioner, supra and A.E. Staley Manufacturing Co. v. Commissioner, supra, both of which involved acquisitions of the corporate taxpayer’s stock that gave rise to long-term benefits. Here, no acquisition or takeover was ever threatened or attempted. Accordingly, we hold that the fees petitioner paid to Bear Stearns were not capital expenditures and, therefore, are deductible pursuant to section 162(a). The final issue is whether petitioner may deduct fees paid to Depository Trust Co. in connection with holding petitioner’s stock "in street name" pursuant to section 162(a). Petitioner has introduced no evidence regarding the specific nature or purpose for this expenditure. Therefore, we find that petitioner has not met its burden of proving that it is entitled to a deduction under section 162, and we uphold respondent’s determination that the expenditure must be capitalized. Decision will be entered under Rule 155.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
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