Merlin A. and Dee D. Steger - Page 5




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          Inc. v. Commissioner, 503 U.S. 79, 83-84 (1992).  The primary               
          effect of characterizing a payment as either a business expense             
          or a capital expenditure concerns the timing of the taxpayer's              
          cost recovery.  See INDOPCO, Inc. v. Commissioner, supra.                   
               The cost of a capital asset is deductible only over the                
          useful life of the asset because "The Code endeavors to match               
          expenses with the revenues of the taxable period to which they              
          are properly attributable, thereby resulting in a more accurate             
          calculation of net income for tax purposes."  INDOPCO, Inc. v.              
          Commissioner, supra at 84.                                                  
               By the same token, it is a longstanding rule of law that if            
          a taxpayer incurs a business expense, but is unable to deduct the           
          cost of the same either as a current expense or through yearly              
          depreciation deductions, the taxpayer is allowed to deduct the              
          expense for the year in which the business ceases to operate.               
          See INDOPCO, Inc. v. Commissioner, supra at 83-84 (holding that             
          "where no specific asset or useful life can be ascertained, * * *           
          [a capital expenditure] is deducted upon the dissolution of the             
          enterprise."); Malta Temple Association v. Commissioner, 16                 
          B.T.A. 409 (1929) (holding that the cost of a business asset, no            
          part of which has been returned to the taxpayer through                     
          exhaustion deductions or as ordinary and necessary expense                  


          3(...continued)                                                             
          not deductible as a current expense.                                        




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