29 and Part IX (which includes section 261 and following, relating to items not deductible) of the Internal Revenue Code. The Court held that the priority-ordering directives of sections 161 and 261 require that the capitalization provision of section 263(a) take precedence over section 162(a). Commissioner v. Idaho Power Co., supra at 17. Section 161 provides that "In computing taxable income under section 63, there shall be allowed as deductions the items specified in this part, subject to the exceptions provided in part IX". As the Supreme Court explained: The clear import of � 161 is that, with stated exceptions set forth either in � 263 itself or provided for elsewhere (as, for example, in � 404 relating to pension contributions), none of which is applicable here, an expenditure incurred in acquiring capital assets must be capitalized even when the expenditure otherwise might be deemed deductible under Part VI. [Commissioner v. Idaho Power Co., supra at 17; emphasis added.] And, as the Supreme Court more recently observed: The notion that deductions are exceptions to the norm of capitalization finds support in various aspects of the Code. Deductions are specifically enumerated and thus are subject to disallowance in favor of capitalization. See �� 161 and 261. Nondeductible capital expenditures, by contrast, are not exhaustively enumerated in the Code; rather than providing a "complete list of nondeductible expenditures," Lincoln Savings, 403 U.S., at 358, * * * � 263 serves as a general means of distinguishing capital expenditures from current expenses. See Commissioner v. Idaho Power Co., 418 U.S., at 16. * * * For these reasons, deductions are strictly construed and allowed only "as there is a clear provision therefor." [INDOPCO, Inc. v. Commissioner, 503 U.S. at 84.]Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011