- 44 - costs" contained in the House report accompanying section 195,19 the Court of Appeals for the Fourth Circuit determined: Congress is thus under the impression that expenditures for market studies and feasibility studies, as at issue here, are fully deductible if incurred by an existing business undergoing expansion. An interpretation by us to the contrary would render � 195 meaningless for it would obliterate the reference point in the statute-- "the expansion of an existing trade or business." [NCNB Corp. v. United States, supra at 291.] Although, the court found that the investigatory expenditures in question in that case did not require capitalization, we find that neither that holding, nor the statutory language of section 195, requires that every expenditure incurred in any business expansion is to be currently deductible. Under petitioner's reasoning, any expenditure incurred in the expansion of an existing business would be deductible. Obviously this is not a proper interpretation of the law. Section 195 allows taxpayers to amortize "startup" expenses only when such expenses, "if paid or incurred in connection with the 19As an example of expenditures, which would be allowable deductions for an existing business, the House report that accompanied sec. 195 explained: Under the provision, eligible expenses consist of investigatory costs incurred in reviewing a prospective business prior to reaching a final decision to acquire or to enter that business. These costs include expenses incurred for the analysis or survey of potential markets, products, labor supply, transportation facilities, etc. * * * [H. Rept. 96- 1278, at 10 (1980), 1980-2 C.B. 709, 712.]Page: 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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