- 6 - deductions, may be deducted in the year the taxpayer's business ceases to operate); see generally sec. 336 (corporate taxpayer entitled to recognize loss in the year of liquidation); sec. 195 (allowing a taxpayer to deduct the unamortized portion of deferred startup expenditures for the year in which the trade or business is completely disposed of). Here, respondent does not contend that the cost of the Policy is not a necessary expense. Rather, respondent contends that the cost of the Policy is not "ordinary" because it is a capital expenditure given its indefinite useful life. However, even if we assume that the Policy is a capital asset, petitioners are nevertheless entitled to deduct the cost of the Policy in the year in issue. The Policy has no ascertainable useful life but rather is an intangible asset providing petitioner with malpractice coverage for an indefinite term of years. Although as a capital asset with an indefinite useful life the Policy would not be currently deductible, it is deductible upon dissolution of petitioner's business. See INDOPCO, Inc. v. Commissioner, supra at 83-84. Thus, even if the Policy is a capital asset, because petitioner purchased the Policy in the same year that he ceased to operate his business, petitioners are entitled to deduct the cost of the Policy in that year. In contrast, if we assume that the Policy is not a capital asset, then the cost of the Policy would be deductible as anPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011