David J. Lychuk and Mary K. Lychuk, et al. - Page 41




                                       - 38 -                                         
          expenditures”); Ellis Banking Corp. v. Commissioner, T.C. Memo.             
          1981-123 (“Nor would the fact that petitioner was engaged in the            
          business of acquiring bank stock entitle it to deduct such                  
          expenditures if the bank stock was a capital asset and the                  
          expenditures were incurred in the acquisition thereof.  Helvering           
          v. Winmill, supra.”).                                                       
               We also apply the case of Commissioner v. Idaho Power Co.,             
          418 U.S. 1 (1974), revg. 477 F.2d 688 (9th Cir. 1973), revg. T.C.           
          Memo. 1970-83.  There, the taxpayer was a public utility engaged            
          in the production, transmission, and sale of electricity.                   
          Throughout its long existence, the taxpayer regularly and                   
          routinely constructed additional transmission and distribution              
          facilities using its own equipment and hundreds of its own                  
          employees.  Respondent determined that the taxpayer had to                  
          capitalize the depreciation on its equipment to the extent used             
          in the construction project.  The Supreme Court agreed.  The                
          Court noted that a goal of Federal income tax accounting is to              
          match income with the related expenses and observed that “‘It has           
          long been recognized, as a general matter, that costs incurred in           
          the acquisition * * * of a capital asset are to be treated as               
          capital expenditures.’”  Id. at 12 (quoting Woodward v.                     
          Commissioner, supra at 575; ellipsis in original).  Further, the            
          Court noted: “there can be little question that other                       
          construction-related expense items, such as tools, materials, and           






Page:  Previous  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next

Last modified: May 25, 2011