- 21 - A capital expenditure is not an "ordinary" expense within the meaning of section 162(a) and is therefore not currently deductible. Commissioner v. Lincoln Sav. & Loan Association, supra at 353; see sec. 263(a)7. The principal effect of characterizing a payment as either an ordinary expense or a capital expenditure concerns the timing of the taxpayer's cost recovery. A business expense is currently deductible, while a capital expenditure is normally amortized and depreciated over the life of the relevant asset, or, if no specific asset or useful life can be ascertained, is deductible upon dissolution of the enterprise. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 83- 84 (1992). Whether an expenditure may be deducted or must be capitalized is a question of fact. The "'decisive distinctions' between current expenses and capital expenditures 'are those of degree and not of kind'". Id. at 86 (quoting Welch v. Helvering, 290 U.S. 111, 114 (1933)). An expenditure is capital if it creates or enhances a separate and distinct asset. However, the existence of a separate and distinct asset is not necessary in order to classify 7Capitalization under sec. 263 takes precedence over current deduction under sec. 162. Sec. 161 provides that the deductibility of the items specified in part VI of the Code (secs. 161 and following, relating to items deductible) is "subject to the exceptions set forth in Part IX (sec. 261 and following, relating to items not deductible)." Sec. 261 clarifies the point from the opposite perspective: "no deduction shall in any case be allowed in respect of the items specified in this part [IX, secs. 261 through 280G]." See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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