- 46 - We have found that petitioner contemplated and received significant, long-term benefits as a result of the expenditures it incurred in the creation of 82 RIC's during the years in issue. The future benefits derived from these RIC's were not merely incidental. Accordingly, we hold that these expenditures do not qualify for deduction as "ordinary and necessary" business expenses under section 162(a). Amortization Having concluded that the amounts expended by petitioner were in the nature of capital expenditures, we must decide whether petitioner is entitled to a deduction for the amortization of such costs. Section 167(a) allows taxpayers to take a depreciation deduction for property used in a trade or business. Section 167 is not limited in its application to tangible property, but is also applicable to intangibles. Section 1.167(a)-(3), Income Tax Reg., provides: If an intangible asset is known from experience or other factors to be of use in the business or in the production of income for only a limited period, the 20(...continued) the contrary, it explicitly limits its application solely to those investigatory costs which are deductible in nature. The implication is inescapable that there are other investigatory costs which are not deductible, i.e. are to be capitalized. Consequently, we are brought straight back to the question we started with: In the case of each expenditure, was it deductible, or capitalizable? * * *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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