- 15 - often extend beyond the current year. See United States v. Wehrli, supra. The distinction between repairs and capital improvements has also been characterized as follows: The test which normally is to be applied is that if the improvements were made to "put" the particular capital asset in efficient operating condition, then they are capital in nature. If, however, they were made merely to "keep" the asset in efficient operating condition, then they are repairs and are deductible. [Moss v. Commissioner, 831 F.2d 833, 835 (9th Cir. 1987) (quoting Estate of Walling v. Commissioner, 373 F.2d 190, 192-193 (3d Cir. 1967), revg. and remanding 45 T.C. 111 (1965)), revg. T.C. Memo. 1986-128.] See also Illinois Merchants Trust Co. v. Commissioner, 4 B.T.A. 103, 106 (1926) ("In determining whether an expenditure is a capital one or is chargeable against operating income, it is necessary to bear in mind the purpose for which the expenditure was made."). In Plainfield-Union Water Co. v. Commissioner, 39 T.C. 333, 338 (1962), the Court articulated a test (the Plainfield-Union test) for determining whether an expenditure is capital by comparing the value, use, life expectancy, strength, or capacity of the property after the expenditure with the status of the property before the condition necessitating the expenditure arose. See Norwest Corp. & Subs. v. Commissioner, 108 T.C. 265, 279-280 (1997).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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