FMR Corp. and Subsidiaries - Page 30

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               a capital expenditure is one that secures an advantage                 
               to the taxpayer which has a life of more than one year,                
               * * * and that the taxpayer must acquire something of                  
               permanent use or value in his business * * *  It is not                
               necessary that the taxpayer acquire ownership in a new                 
               asset, but merely that he may reasonably anticipate a                  
               gain that is more or less permanent.  * * *  [Fall                     
               River Gas Appliance Co. v. Commissioner, 349 F.2d 515,                 
               516-517 (1st Cir. 1965), affg. 42 T.C. 850 (1964);                     
               citations omitted.]                                                    

          In Fall River Gas Appliance Co. v. Commissioner, supra, the                 
          taxpayer, a subsidiary of a seller and distributor of natural               
          gas, made expenditures consisting of installation costs for                 
          leased gas appliances, primarily water heaters and conversion               
          burners for furnaces.  Appliances were leased for 1 year                    
          initially, and conversion burners were removable at the will of             
          the customer upon 24-hour notice.  It was anticipated that the              
          overall duration of the leases would result in rental income upon           
          the appliances and greater consumption of gas which would benefit           
          the taxpayer.  The court stated:                                            

               the taxpayer took a considered risk in the installation                
               of a facility upon the premises of another in                          
               anticipation of an economic benefit flowing from the                   
               existence of the facility over an indeterminable length                
               of time.  * * * the totality of expenditure was made in                
               anticipation of a continuing economic benefit over a                   
               period of years and such is indicative of a capital                    
               expense.  The record of gas sales and leased                           
               installations, although certainly not compelling in                    
               such regard, lends some strength to the conclusion that                
               anticipation has become fact.  [Id. at 517; emphasis                   
               added.]                                                                







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