FMR Corp. and Subsidiaries - Page 46

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               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?  * * *                                   




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