- 42 - (6th Cir. 1964), affg. T.C. Memo. 1963-1, and Stevens v. Commissioner, 388 F.2d 298 (6th Cir. 1968). Godfrey v. Commissioner, supra, concerned deductions that the taxpayer claimed as to a joint venture in two parcels of real estate known as the Goose Pond and Adams Packing properties. Before taking title to the Goose Pond property, the taxpayer and his associates caused a use survey to be conducted on the property in order to ascertain its best commercial use. They concluded from the survey that the upper part of the tract was best suited for an automobile dealership and that the lower portion could best be used for a shopping center. They acquired the property and then discovered that it lacked the zoning classification necessary to use it in the manner indicated by the survey. They retained attorneys to try to change the property’s classification. Their attempt was unsuccessful. The taxpayer deducted his proportionate share of the cost of the survey and the attorney’s fee. The taxpayer also deducted travel and living expenses that he had paid in connection with acquiring both the Goose Pond and Adams Packing properties. We denied the deductions, holding that all of the expenditures were capital expenditures. We observed that the use survey “represented their first step in the contemplated development of the property; and its benefits were obviously expected to extend beyond the year in which the survey was made.”Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011