- 13 - the property's basis or, in the alternative, (2) these fees are deductible expenses. Neither party disputes that these fees were actually paid by Corbin West to CDC. Under section 1.263(a)-2, Income Tax Regs., acquisition costs of property must be capitalized. Included as acquisition costs are expenditures that result in the taxpayer's acquisition of a capital asset, such as survey fees, attorney's fees for drafting documents, and real estate commissions. Godfrey v. Commissioner, 335 F.2d 82 (6th Cir. 1964), affg. T.C. Memo. 1963- 1; Burman v. Commissioner, 23 B.T.A. 639 (1931). A. "Acquisition Fee" and "Developer's Fee" Corbin West capitalized $157,500 as an "acquisition fee" and $87,213 as a "developer's fee" into the property's basis. Petitioner presented two exhibits at trial detailing the services performed or to be performed by it for both of these fees. The services included, among other things, the following: (1) Arranging for an option to acquire the property, (2) evaluating zoning requirements and ensuring compliance, (3) arranging and evaluating an environmental report relating to the property, and (4) establishing guidelines for compliance with the low-income housing tax credits requirements. We conclude that the "acquisition fee" and "developer's fee" were incident to Corbin West's acquisition of the property, and they must be considered part of the property's acquisition cost. We therefore conclude that Corbin West is entitled to capitalizePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011