- 16 - Whether an expenditure may be deducted or must be capitalized is a question of fact. See INDOPCO, Inc. v. Commissioner, supra at 86; Norwest Corp. & Subs. v. Commissioner, supra at 280; Plainfield-Union Water Co. v. Commissioner, supra at 337-338. The Supreme Court has recognized that the "decisive distinctions" between current expenses and capital expenditures "are those of degree and not of kind," and that because each case "turns on its special facts" the cases sometimes appear difficult to harmonize. [INDOPCO, Inc. v. Commissioner, supra at 86; citations omitted.] Thus, "Courts have adopted a practical case-by-case approach in applying the principles of capitalization and deductibility." Norwest Corp. & Subs. v. Commissioner, supra at 280 (quoting Wolfsen Land & Cattle Co. v. Commissioner, supra at 14). Accordingly, we shall not attempt to harmonize the decided cases; "Rather, we shall discuss the facts as reflected in the record before us and arrive at a conclusion, recognizing that we shall be engaging in an exercise in line drawing". Badger Pipe Line Co. v. Commissioner, T.C. Memo. 1997-457. Replacement of the Cell Linings The parties agree on brief that the cell lining performs a function that is vital and integral to the smelting process. The cell lining acts as the cathode, and without the passage of electricity from the anode to the cathode, there would be no electrolytic production of aluminum. Furthermore, the cell willPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011