U.S. Bancorp and Its Consolidated Subsidiaries - Page 10

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          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 is            





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