FMR Corp. and Subsidiaries - Page 37

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               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 deductible            




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