- 9 - OPINION The portion of the $17,067,339 court judgment that is in issue is $6,956,590 because: (1) Petitioner capitalized $1 million in its tax return, (2) respondent conceded an allowance of $2,154,160 for postacquisition interest expense, and (3) respondent conceded a reduction of $6,956,589 for the disposal of acquisition assets. We must decide whether the $6,956,590 in dispute should be capitalized as a cost of acquisition or deducted as a business expense. Section 162(a) provides a deduction for a taxpayer when an expenditure is: (1) An expense, (2) an ordinary expense, (3) a necessary expense, (4) incurred during the taxable year, and (5) made to carry on a trade or business. Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345, 352-353 (1971). An expenditure is a “necessary expense” when it is appropriate or helpful to the development of a taxpayer’s business. Commissioner v. Tellier, 383 U.S. 687, 689 (1966). An expenditure is an “ordinary expense” when it is “normal, usual, or customary” in the type of business involved. Deputy v. Du Pont, 308 U.S. 488, 495-496 (1940). Petitioner bears the burden of proving entitlement to the claimed deduction. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). No current deduction is allowed for a capital expenditure. See sec. 263(a)(1). Section 1.263(a)-2(a), Income Tax Regs.,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011