- 22 - condition, may be deducted as an expense * * * Similarly, section 1.263(a)-1(b), Income Tax Regs., provides that Amounts paid or incurred for incidental repairs and maintenance of property are not capital expenditures * * * Conversely, section 263 provides that no deduction may be taken for amounts expended for permanent improvements or betterments made to increase the value of property. See also id. The parties have taken refuge in particular nomenclature that supports their position. There is no legal question to be answered here--instead we must decide which party’s labeling is supported by the record. Respondent uses the term “overhaul”5 and petitioners use the terms “routine maintenance”. The parties’ positions reduced to a concise statement of facts, are as follows: Petitioners contend that towboats, including the engines, have an expected useful life of 40 years and the procedures performed are routine maintenance to achieve the expected useful life. Respondent contends that a towboat engine has a 25,000- to 35,000-hour useful life (here 3 to 4 years), and it must be completely overhauled after such use. 5 On brief, respondent does not argue that the procedures performed by petitioners’ employees is, by definition, an overhaul, which includes a complete rebuilding of the engine. Instead, respondent argues that the procedures performed are equivalent in scope to an overhaul.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011