FMR Corp. and Subsidiaries - Page 36

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          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, advertising                    




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