- 13 - determination that repairs to petitioner’s truck, necessitated by an accident in 1994, must be capitalized. Expenses incurred to maintain property used in a trade or business in efficient operating condition ordinarily are deductible. See sec. 162(a); Jacks v. Commissioner, T.C. Memo. 1988-237; Gilles Frozen Custard, Inc. v. Commissioner, T.C. Memo. 1970-73. Likewise, the cost of repairs “which neither materially add to the value of the property nor appreciably prolong its life, but keep it in an ordinarily efficient operating condition, may be deducted as an expense”. Sec. 1.162-4, Income Tax Regs.; see also sec. 1.263(a)-1(b), Income Tax Regs. (“Amounts paid or incurred for incidental repairs and maintenance of property are not capital expenditures”). Although it is not always easy to delineate when an expenditure is a deductible repair or a capital expenditure that permanently improves property and increases its value, see section 263, the standard that we must use to evaluate a particular expenditure is well established. In Plainfield-Union Water Co. v. Commissioner, 39 T.C. 333, 337 (1962), we described the standard as follows: An expenditure which returns property to the state it was in before the situation prompting the expenditure arose, and which does not make the relevant property more valuable, more useful, or longer-lived, is usually deemed a deductible repair. A capital expenditure is generally considered to be a more permanent increment in the longevity, utility, or worth of the property.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011