- 29 - capitalized and are not currently deductible business expenses.3 Respondent also argues that the litigated expenses are neither recurring, day-to-day expenditures nor are they deductible under section 174. C. Tax Rules Governing Advertising Expenditures 1. Introduction Petitioner’s principal claim is that “graphic design and advertising activities are indistinguishable in any way that would justify their inconsistent tax treatment”. Petitioner supports its claim that graphic design and advertising are indistinguishable by analyzing and comparing the functions of those activities. Respondent attempts to counter petitioner’s functional analysis with a functional analysis of his own, candidly conceding, however, that his disagreement with petitioner “is only a matter of degree”.4 Neither party argues 3 Respondent argues that the litigated expenses are allocable to particular brands and, as so allocated, give rise to an economic benefit for the remaining life of that brand. Accordingly, respondent does not believe that the litigated expenses have a determinable useful life, and respondent would allow no depreciation deduction for the litigated expenses. We need not address the question of a depreciation deduction because petitioner stands on its claim that the litigated expenses are deductible business expenses in 1982, and has not argued in the alternative for capitalization and a depreciation deduction in 1982. 4 Indeed, the parties have stipulated similar, in part identical, functions for graphic design and advertising. Compare (1) “The graphic designs for a product serve to identify the (continued...)Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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