William Joel Ashley - Page 7




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          and 1994) therefore are not subject to capitalization under the             
          rules of section 263A or the Treasury regulations thereunder.               
          Petitioner’s adjusted basis in the Longport property, however,              
          will include the property’s purchase price ($106,000) reduced by            
          allowed or allowable depreciation.  See secs. 1011, 1012, 1016.             
               Pursuant to section 263, “any amount paid out for * * *                
          permanent improvements or betterments made to increase the value            
          of any property” must be capitalized.  This includes any amount             
          paid or incurred which adds to the value, or substantially                  
          prolongs the useful life, of property owned by the taxpayer.  See           
          sec. 1.263(a)-1(b), Income Tax Regs.  However, amounts paid or              
          incurred for incidental repairs and maintenance of property are             
          not subject to capitalization.  See id.  Incidental repairs and             
          maintenance expenses do not materially add to the value of the              
          property nor appreciably prolong its useful life, but merely keep           
          it in an ordinarily efficient operating condition.  See sec.                
          1.162-4, Income Tax Regs.                                                   
               Respondent argues that all of the expenses characterized as            
          “Improvements and Repairs” by petitioner constitute incidental              
          repairs and maintenance which should be treated as ordinary and             
          necessary expenses under section 162.  After reviewing the                  
          record, however, we feel that there is sufficient evidence to               
          indicate that petitioner completed various projects and expended            
          significant amounts that materially added value to the property             






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