- 37 - with petitioners when they draw factual distinctions between the two cases sufficient to warrant contrary results. The facts that ACC is not a securities dealer, that the installment contracts are not securities, and that none of the installment contracts expenditures are commissions are, in our minds, merely distinctions without a difference. Compare Woodward v. Commissioner, 397 U.S. at 575, 577-578, wherein the Court stated: The Court recognized [in Helvering v. Winmill, supra,] that brokers’ commissions are ‘part of the (acquisition) cost of the securities,’ Helvering v. Winmill, supra, 305 U.S. at 84, 59 S.Ct. at 47, and relied on the Treasury regulation, which had been approved by statutory re-enactment, to deny deductions for such commissions even to a taxpayer for whom they were a regular and recurring expense in his business of buying and selling securities. * * * * * * * in this case there can be no doubt that legal, accounting, and appraisal costs incurred by taxpayers in negotiating a purchase of the minority stock would have been capital expenditures. See Atzingen-Whitehouse Dairy, Inc. v. Commissioner, 36 T.C. 173 (1961). Under whatever test might be applied, such expenses would have clearly been ‘part of the acquisition cost’ of the stock. Helvering v. Winmill, supra. * * * Accord Commissioner v. Wiesler, 161 F.2d at 999 (“the Winmill case * * * follow[s] the well settled rule that expenditures incurred as an incident to the acquisition * * * of property are not ordinary and necessary business expenses, but are capital 20(...continued) required to capitalize the regular and recurring costs incurred in acquiring securities).Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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