FMR Corp. and Subsidiaries - Page 25

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               In INDOPCO, Inc. v. Commissioner, supra at 87, the Supreme             
          Court rejected the argument that the creation or enhancement of a           
          separate and distinct asset is a prerequisite to capitalization,            
          explaining that "the creation of a separate and distinct asset              
          well may be a sufficient, but not a necessary, condition to                 
          classification as a capital expenditure."  The Supreme Court                
          emphasized the importance of the realization of a significant               
          future benefit in determining whether an expense should be                  
          capitalized, stating:                                                       

               Although the mere presence of an incidental future                     
               benefit--"some future aspect"--may not warrant                         
               capitalization, a taxpayer's realization of benefits                   
               beyond the year in which the expenditure is incurred is                
               undeniably important in determining whether the                        
               appropriate tax treatment is immediate deduction or                    
               capitalization.  See United States v. Mississippi                      
               Chemical Corp., 405 U.S. 298, 310 (1972) (expense that                 
               "is of value in more than one taxable year" is a                       
               nondeductible capital expenditure); Central Texas                      
               Savings & Loan Assn. v. United States, 731 F.2d 1181,                  
               1183 (CA5 1984) ("While the period of the benefits may                 
               not be controlling in all cases, it nonetheless remains                
               a prominent, if not predominant, characteristic of a                   
               capital item").  Indeed, the text of the Code's                        
               capitalization provision, � 263(a)(1), which refers to                 
               "permanent improvements or betterments," itself                        
               envisions an inquiry into the duration and extent of                   
               the benefits realized by the taxpayer.  [INDOPCO, Inc.                 
               v. Commissioner, 503 U.S. at 87-88.]                                   

          The Supreme Court went on to uphold the lower courts' rulings               
          that capitalization was required because the expenditures in                
          question provided the taxpayer with significant future benefits.            
          INDOPCO, Inc. v. Commissioner, supra at 87-89.  Therefore, an               





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