- 36 - produce returns for many years in the future" and, therefore, are not deductible. Id. at 1059. Petitioner acknowledges that the expenditures it incurred in launching the new RIC's may result in the future benefit of preserving, promoting, and expanding its investment management business. However, petitioner contends that this type of future benefit has never been held to require capitalization. Notwithstanding INDOPCO, Inc. v. Commissioner, supra, petitioner argues that there are numerous court decisions which support the principle that the costs of expanding or preserving an existing business are deductible expenses rather than capital expenditures. E.g., NCNB Corp. v. United States, 684 F.2d 285 (4th Cir. 1982); Colorado Springs Natl. Bank v. United States, 505 F.2d 1185 (10th Cir. 1974); Briarcliff Candy Corp. v. Commissioner, 475 F.2d 775 (2d Cir. 1973), revg. T.C. Memo. 1972- 43; Equitable Life Ins. Co. v. Commissioner, T.C. Memo. 1977-299. In Briarcliff Candy Corp. v. Commissioner, T.C. Memo. 1972- 43, the taxpayer, an urban candy manufacturer, incurred certain expenses to maintain its dwindling market share by forming a separate franchise division within the company to obtain display contracts with drugstores in suburban locations. We held that the expenditures incurred in obtaining these contracts were capital expenditures, stating: Regardless of whether amounts expended by petitioner are designated as promotional expenses, advertisingPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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