Toyota Town, Inc. - Page 24





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          A prepayment for multiyear insurance coverage creates an asset              
          having a useful life longer than a taxable year, which must be              
          capitalized.  See Higginbotham-Bailey-Logan Co. v. Commissioner,            
          8 B.T.A. 566, 577 (1927); sec. 1.461-4(g)(8), Example (6), Income           
          Tax Regs.; see also USFreightways Corp. v. Commissioner, 113 T.C.           
          ___ (1999); Johnson v. Commissioner, supra at 488; Hinshaw’s,               
          Inc. v. Commissioner, T.C. Memo. 1994-327.  The prepaid insurance           
          is an intangible, and its coverage period gives it a determinable           
          useful life, making it eligible for a “depreciation allowance”.             
          Sec. 1.167(a)-3, Income Tax Regs.  The rules for computing the              
          proper period for a depreciation allowance are provided in                  
          section 1.167(a)-10(b), Income Tax Regs., which states in                   
          relevant part:                                                              
                    (b) The period for depreciation of an asset shall                 
               begin when the asset is placed in service and shall end                
               when the asset is retired from service.  A                             
               proportionate part of one year’s depreciation is                       
               allowable for that part of the first and last year                     
               during which the asset was in service. * * *                           
          In general, “an asset is ‘placed in service’ for depreciation               
          purposes when it is acquired and available for use.”  Clairmont             
          v. Commissioner, 64 T.C. 1130, 1136 (1975), affd. without                   
          published opinion 538 F.2d 332 (8th Cir. 1976).  Petitioners’               
          claim of a full year’s amortization in the first year that a                
          multiyear insurance policy is acquired or placed in service,                
          without regard to when during the year the policy was in fact               






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