Corbin West Ltd. Partnership, CDC Equity Corp., Tax Matters Partner - Page 13




                                       - 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 capitalize            



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011