- 17 - Whether November Is Entitled To Write Off or Depreciate Over the 10-year Term of the Lease The Improvements Made to the Chestnut Property The Chestnut property had been used for processing fish and needed substantial improvements before bingo operations could commence.8 November expended $222,171, $166,553, and $25,915 during 1990, 1991, and 1992, respectively, to convert it into a bingo operation. Based on those expenditures, November claimed depreciation on a 10-year basis (equal to the 10-year term of the lease) in the respective amounts of $30,545, $40,168, and $41,464 for the 1991 through 1993 tax years. Respondent determined that petitioner was entitled to use a 31.5-year recovery period under the MACRS, resulting in allowances of $7,274, $12,376, and $13,165, respectively. On brief, petitioner also claimed that November would, alternatively, be entitled to deduct the entire expenditure (about $400,000) as lease acquisition cost that would not be subject to the MACRS requirements. Petitioner had relied on section 1.162-11(b), Income Tax Regs., which held that lessees may be entitled to use the length of the lease as the recovery period for leasehold improvements. Respondent correctly points out that section 168(i)(8) (added by the Tax Reform Act of 1986) made the above-referenced regulation 8 Because bingo is a game of chance where the bingo operator is the only participant who always “wins”, it might be said that the Chestnut property was to continue being used for the “processing of fish”.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011