American Stores Company and Subsidiaries - Page 19




                                        - 19 -                                        
          trade or business:                                                          
               Of course, reasonable wages paid in the carrying on of                 
               a trade or business qualify as a deduction from gross                  
               income. * * * But when wages are paid in connection                    
               with the construction or acquisition of a capital                      
               asset, they must be capitalized and are then entitled                  
               to be amortized over the life of the capital asset so                  
               acquired. * * *                                                        
          Petitioner’s reliance on El Paso Co. v. United States, 694 F.2d             
          703 (Fed. Cir. 1982), and E.I. du Pont de Nemours & Co. v. United           
          States, 432 F.2d 1052 (3d Cir. 1970), to support the proposition            
          that expenses incurred in an antitrust defense are always                   
          deductible is misplaced.  As previously indicated, expenditures             
          which otherwise might qualify as currently deductible, must be              
          capitalized if they are incurred “in connection with” the                   
          acquisition of a capital asset.  Commissioner v. Idaho Power Co.,           
          supra at 13.  As stated in Ellis Banking Corp. v. Commissioner,             
          688 F.2d 1376, 1379 (11th Cir. 1982):                                       
               The requirement that costs be capitalized extends                      
               beyond the price payable to the seller to include any                  
               costs incurred by the buyer in connection with the                     
               purchase, such as appraisals of the property or the                    
               costs of meeting any conditions of the sale.  See,                     
               e.g., Woodward v. Commissioner, 1970, 397 U.S. 572, 90                 
               S.Ct. 1302, 25 L.Ed.2d 577; United States v. Hilton                    
               Hotels Corp., 1970, 397 U.S. 580, 90 S.Ct. 1307, 25                    
               L.Ed.2d 585.  Further, the Code provides that the                      
               requirement of capitalization takes precedence over the                
               allowance of deductions.  �� 161, 261; see generally                   
               Commissioner v. Idaha Power Co., 1974, 418 U.S. 1, 94                  
               S.Ct. 2757, 41 L.Ed.2d 535.  Thus an expenditure that                  
               would ordinarily be a deductible expense must                          
               nonetheless be capitalized if it is incurred in                        
               connection with the acquisition of a capital asset.6                   
               The function of these rules is to achieve an accurate                  
               measure of net income for the year by matching outlays                 





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