- 35 - even though advertising may have some future effect on business activities, as in the case of institutional or goodwill advertising. See section 1.162-1(a) and section 1.162-20(a)(2) of the regulations. Only in the unusual circumstance where advertising is directed towards obtaining future benefits significantly beyond those traditionally associated with ordinary product advertising or with institutional or goodwill advertising, must the costs of that advertising be capitalized. See, e.g., Cleveland Electric Illuminating Co. v. United States, 7 Cl. Ct. 220 (1975) (capitalization of advertising costs incurred to allay public opposition to the granting of a license to construct a nuclear power plant). Although Rev. Rul. 92-80, supra, may raise some question of just what benefits are traditionally associated with ordinary product advertising or with institutional or goodwill advertising, there is no doubt that such traditional benefits include not only patronage but also the expectancy of patronage (i.e., “goodwill”). Compare sec. 1.162-1(a), Income Tax Regs. (deductible business expenses include “advertising and other selling expenses”), with sec. 1.162-20(a)(2), Income Tax Regs. (same as to institutional or goodwill advertising “provided the expenditures are related to the patronage the taxpayer might reasonably expect in the future”). Thus, even if advertising is directed solely at future patronage or goodwill (i.e., ordinary business advertising), Rev. Rul. 92-80, supra, indicates that normally the costs are deductible. The unusual treatment of expenditures for ordinary business advertising manifest in Rev. Rul. 92-80, supra, is longstanding.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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