RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 32

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               Although the mere presence of an incidental future                     
               benefit--”some future aspect”--may not warrant                         
               capitalization, a taxpayer’s realization of benefits                   
               beyond the year in which the expenditure is incurred is                
               undeniably important in determining whether the                        
               appropriate tax treatment is immediate deduction or                    
               capitalization.  * * *                                                 
          Id. (emphasis added).  We have characterized the inquiry as to              
          whether an expenditure may be deducted under section 162(a) or              
          must be capitalized as “an inquiry into the proper time to give             
          tax effect to the expenditure.”  A.E. Staley Manufacturing Co. v.           
          Commissioner, 105 T.C. 166, 193, revd. and remanded 119 F.3d 482            
          (7th Cir. 1997).  In A.E. Staley Manufacturing Co., we stated               
          that the inquiry is “fact specific”, and we described the general           
          nature of the inquiry as follows:                                           
                    Assuming that the expenditure is ordinary and                     
               necessary in the operation of the taxpayer’s business,                 
               the answer to the question of whether the expenditure                  
               is a deduction allowable as a business expense must be                 
               determined from the nature of the expenditure itself                   
               which in turn depends on the extent and permanence of                  
               the work accomplished by the expenditure.                              
          Id. at 193-194 (quoting 6 Mertens, Law of Federal Income                    
          Taxation, sec. 25.37, at 118 (1992 rev.).                                   
               3.  Ordinary Business Advertising                                      
               “Advertising” is commonly defined as:  “The activity of                
          attracting public attention to a product or business, as by paid            
          announcements in print or on the air.”  The American Heritage               








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