- 37 - expenses or selling expenses, it is apparent that petitioner obtained contracts which provided a channel of marketing distribution which would be a benefit to petitioner in future years. The benefits derived from contracts with the drugstore outlets were not merely incidental to income in future years but were instrumental in the production of such income. * * * [Id.] The Court of Appeals for the Second Circuit reversed, finding that the franchising costs did not enhance or create a "separate and distinct additional asset." The court held that the costs were incurred in an effort by the taxpayer to maintain its current business profits and customers and were therefore currently deductible. Briarcliff Candy Corp. v. Commissioner, 475 F.2d at 786-787. The Court of Appeals' reliance on a "separate and distinct asset" test was based upon its reading of Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345 (1971), which the Court of Appeals stated had "brought about a radical shift in emphasis" that required expenditures to be capitalized only where the expenditures created or enhanced a separate and distinct asset. Briarcliff Candy Corp. v. Commissioner, 475 F.2d at 782. In reaching its conclusion that the expenses were deductible, the Court of Appeals disregarded the resulting future benefits obtained by the taxpayer. The Court of Appeals for the Tenth Circuit in Colorado Springs Natl. Bank v. United States, supra, expanded on Briarcliff Candy Corp. v. Commissioner, supra, in holding that the costs of establishing credit card operations were deductiblePage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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