- 18 - currently deduct the installment contracts expenditures to the extent of the overhead expenses. We conclude that ACC’s payment of the overhead expenses was not directly related to the anticipated acquisition of any of the installment contracts. We also conclude that any future benefit that ACC received from the overhead expenses was incidental to its payment of them. As discussed in detail below, we believe that the Supreme Court’s mandate as to capitalization requires that an expenditure be capitalized when it: (1) Creates or enhances a separate and distinct asset, see Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345, 354 (1971), (2) produces a significant future benefit, see INDOPCO, Inc. v. Commissioner, supra at 87- 89, or (3) is incurred “in connection with” the acquisition of a capital asset,10 Commissioner v. Idaho Power Co., 418 U.S. 1, 13 (1974); see Woodward v. Commissioner, 397 U.S. 572, 575-576 (1970). Given the Supreme Court’s pronouncement in Woodward v. Commissioner, supra at 577, that an acquisition-related 10 We, like the Court of Appeals for the Eleventh Circuit in Ellis Banking Corp. v. Commissioner, supra at 1379, understand the term “capital asset” to be used for this purpose in its accounting sense to encompass any asset with a useful life exceeding 1 year. See also United States v. Akin, 248 F.2d 742, 744 (10th Cir. 1957) (“it may be said in general terms that an expenditure should be treated as one in the nature of a capital outlay if it brings about the acquisition of an asset having a period of useful life in excess of one year”. Such an understanding is directly consistent with the Secretary’s interpretation set forth in sec. 1.263(a)-2(a), Income Tax Regs., of examples of property for which the costs of acquisition are capital expenditures.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011