- 30 - 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.]Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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