- 8 - calculation of net income for tax purposes.” Id. at 84. Furthermore, because deductions are matters of “legislative grace”, “the burden of clearly showing the right to the claimed deduction is on the taxpayer.” Id. (quoting Interstate Transit Lines v. Commissioner, 319 U.S. 590, 593 (1943)). In distinguishing between capital and ordinary costs, the predominant factor for consideration is whether the payment creates a future benefit that is more than incidental: Although the mere presence of an incidental future benefit–“some future aspect”–may not warrant capitalization, a taxpayer’s realization of benefits beyond the year in which the expenditure is incurred is undeniably important in determining whether the appropriate tax treatment is immediate deduction or capitalization. [Id. at 87.] The creation or enhancement of a separate and distinct asset is unnecessary. See id. An additional factor weighing in favor of capital treatment arises where “the purpose for which the expenditure is made has to do with the corporation’s operations and betterment, sometimes with a continuing capital asset, for the duration of its existence or for the indefinite future or for a time somewhat longer than the current taxable year.” Id. at 90 (quoting General Bancshares Corp. v. Commissioner, 326 F.2d 712, 715 (8th Cir. 1964)).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011