- 41 - We recognize that capitalization is not required for every cost that produces any future benefit. However, we do not agree with petitioner's proposition that the claimed purpose of the expenditures--to protect, promote, or expand its existing business--is controlling. Rather than attempting to assign the expenditures to a specific classification, such as expansion costs, we believe that the more important question is whether the expenditures in issue provide a significant future benefit to petitioner. Finally, petitioner argues that the legislative history of section 195 supports its position that the expenditures here do not create the "type" of future benefit that must be capitalized. Petitioner contends that Congress explicitly recognized the current deductibility of the costs of expanding an existing trade or business when it enacted section 195 to deal with the costs of starting a new trade or business. Section 195 was enacted by the Miscellaneous Revenue Act of 1980, Pub. L. 96-605, sec. 102(a), 94 Stat. 3522, and was amended by the Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 94(a), 98 Stat. 614. Section 195, as originally enacted in 1980, defined "startup expenditure" to mean any amount (1) paid or incurred in connection with-- (A) investigating the creation or acquisition of an active trade or business, or (B) creating an active trade or business, andPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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