- 2 - (collectively, offering expenditures) relating to its offering of notes in 1993 and a second offering that was planned in 1993 and abandoned in 1994. Held: The salaries and benefits are capital expenditures; A’s payment of these items was directly related to its anticipated acquisitions of assets with expected useful lives exceeding 1 year. Held, further, The overhead expenses may be deducted currently under sec. 162(a), I.R.C.; A’s payment of these items was not directly related to the anticipated acquisitions, and any future benefit that A received from these expenses was incidental to its payment of them. Held, further, sec. 165(a), I.R.C., allows A to deduct the portion of the capitalized salaries and benefits that was attributable to installment contracts which it never acquired; A may deduct those amounts for the respective years in which it ascertained that it would not acquire the related contracts. Held, further, A must capitalize all of the offering expenditures; A’s payment of these expenditures was anticipated to provide A with significant future benefits. Held, further, sec. 165(a), I.R.C., allows A to deduct in 1994 the portion of the capitalized offering expenditures that was attributable to the abandoned offering. Oksana O. Xenos, for petitioners.* Eric R. Skinner, for respondent. LARO, Judge: Petitioners petitioned the Court to redetermine deficiencies attributable primarily to adjustments which respondent made to their income from a subchapter S * Briefs of amici curiae were filed by Robert A. Rudnick, B. John Williams, Jr., James F. Warren, and Richard J. Gagnon, Jr., as counsel for Federal Home Loan Mortgage Corporation (FHLMC), and by Felix B. Laughlin and Anna-Liza Harris as counsel for Federal National Mortgage Association (FNMA).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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