- 7 - such activities with respect to the San Bernardino parcels, petitioner states, he has never begun producing them within the meaning of section 263A, and therefore he need not capitalize the real estate taxes. We disagree with petitioner's reading of Von-Lusk v. Commissioner, supra. We did not decide in Von-Lusk whether capitalization is required for expenses incurred before production begins. We decided principally that the taxpayer had already begun development of the land in question and had to capitalize related development costs even though the land had not yet been physically changed. In deciding Von-Lusk, we reviewed the text and legislative history of section 263A and observed that the Congress intended the term "produce" to be broadly construed. We noted that "Congress expected those rules to be applied from the acquisition of property, through the time of production, until the time of disposition." Von-Lusk v. Commissioner, supra at 215 (emphasis added).2 A close analysis of the language and structure of section 263A supports the conclusion that Congress intended that the capitalization rules cover costs incurred before as well as 2 Petitioner also relies on Hustead v. Commissioner, T.C. Memo. 1994-374, affd. without published opinion 61 F.3d 895 (3d Cir. 1995). In Hustead, we indicated that taxpayers who increased the value of their land by challenging a local zoning ordinance had not begun producing the land within the meaning of sec. 263A(g). We held, however, that the legal costs the taxpayers incurred in challenging the ordinance had to be capitalized under sec. 263. Since sec. 263 controlled the result in Hustead, we were not required to decide whether sec. 263A would apply to the taxpayer.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011