- 10 - is not a capital expenditure under section 263. Commissioner v. Tellier, 383 U.S. 687, 689 (1966); Deputy v. Du Pont, supra at 495; Welch v. Helvering, 290 U.S. 111, 113 (1933). If a cost is a capital expenditure, the capitalization rules of section 263 take precedence over the deduction rules of section 162, sec. 161; Commissioner v. Idaho Power Co., 418 U.S. 1, 17 (1974), thereby preventing capital expenditures from being deducted currently under section 162. In determining whether a cost is a capital expenditure, the Supreme Court in INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992), noted that deductions are exceptions to the norm of capitalization. The Court stated that deductions are specifically enumerated and thus are subject to disallowance in favor of capitalization. Capital expenditures, by contrast, are not exhaustively enumerated; rather than providing a complete list of nondeductible expenditures, section 263 serves as a general means of distinguishing capital expenditures from current expenses. The creation of a separate and distinct asset, while sufficient to classify an expenditure as capital in nature, Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345, 354 (1971), is not necessary to capital classification. The Supreme Court stated in INDOPCO that a taxpayer's realization of benefits beyond the year in which the expenditure is incurred isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011