USFreightways Corporation - Page 8




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          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)).                                                       











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