Vanalco, Inc., a Delaware S Corporation, Richard L. Smith, Tax Matters Person - Page 23




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          must be capitalized.  In the year at issue, Vanalco removed and             
          replaced approximately 10.6 percent of the plant roof.  Vanalco             
          not only replaced the roofing material, which provides protection           
          from the rain, but also the decking that supports the roofing               
          material.  Therefore, the replacement included part of the roof             
          structure.                                                                  
               There is no evidence that substitution of the 2- by 6-inch             
          wood decking for the corrugated metal provided a functional                 
          improvement to the roof or materially added to the value of the             
          property, within the meaning of the regulations.  See Oberman               
          Manufacturing Co. v. Commissioner, 47 T.C. 471, 482 (1967).  Nor            
          is there evidence to support a finding that replacement of a                
          portion of the roof decking would appreciably prolong the life of           
          the property.  The facts do not support a finding that the                  
          purpose of the repair was to put the roof in operation; to the              
          contrary, the facts show that Vanalco was performing ordinary               
          maintenance to repair leaks as they appeared and to keep the roof           
          in operating condition over its probable useful life.  See id.;             
          Hable v. Commissioner, T.C. Memo. 1984-485.                                 
               Accordingly, we find that the cost of repairing the plant              
          roof is deductible as an ordinary and necessary expense under               










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