RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 35

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               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.            






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