David J. Lychuk and Mary K. Lychuk, et al. - Page 45




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          (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.”           






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