- 34 - Section 1.162-1(a), Income Tax Regs. The regulations do not further describe the nature of those advertising and selling expenses (hereafter, without distinction, advertising expenses) that are deductible business expenses, although section 1.162- 20(a)(2), Income Tax Regs., provides that expenditures for institutional or “goodwill” advertising that keeps the taxpayer’s name before the public are generally deductible business expenses “provided the expenditures are related to the patronage the taxpayer might reasonably expect in the future.” The regulations, thus, suggest that expenditures for ordinary business advertising are not subject to the usual inquiry when it comes to the question of the proper time to give tax effect to such an expenditure. Sections 1.162-1(a) and 20(a)(2), Income Tax Regs., however predates INDOPCO, Inc. v. Commissioner, supra at 87, in which the Supreme Court concluded that significant future benefits were “undeniably important” in making the capitalization inquiry. See also FMR Corp. & Subs. v. Commissioner, 110 T.C. ___ (1998) (slip op. at 39). Subsequently, the Commissioner ruled that INDOPCO, Inc. does not affect the treatment of advertising expenditures under section 162(a). In pertinent part, Rev. Rul. 92-80, 1992-2 C.B. 57, provides: The Indopco decision does not affect the treatment of advertising costs under section 162(a) of the Code. These costs are generally deductible under that sectionPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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