- 32 - 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 HeritagePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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