FMR Corp. and Subsidiaries - Page 21

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          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).                                       




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