- 23 - 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 underPage: 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