- 27 - OPINION I. Graphic Design Issue A. Issue We must determine whether the litigated expenses are currently deductible business expenses. Respondent determined that they are capital expenditures and, therefore, not currently deductible. The litigated expenses include expenditures relating to the graphic design of cigarette packaging materials (cartons, soft-packs, and crush-proof boxes) and cigarette papers, tips, and other components of the cigarette product, as well as a relatively small amount of expenditures relating to package design (the physical construction of the package itself). B. Arguments of the Parties Petitioner starts with the premise that expenditures for ordinary business advertising (to sell a product or service or for institutional or “goodwill” advertising that keeps the taxpayer’s name before the public) are deductible under section 162(a) and argues that the litigated expenses give rise to a benefit that is indistinguishable from the benefit derived from ordinary business advertising. Consequently, petitioner argues, the litigated expenses are also deductible under section 162(a). Petitioner also argues that, like expenditures for ordinary business advertising, the litigated expenses represent aPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011