- 44 - change its character. * * * [Godfrey v. Commissioner, 335 F.2d at 85.22] In Stevens v. Commissioner, 46 T.C. 492 (1966), the taxpayer and another individual (Woody) entered into various joint ventures each of which involved acquiring a race horse and sharing that horse’s winnings or any proceeds from its sale. Woody paid the purchase price of each horse, and the taxpayer paid each horse’s maintenance and training expenses. We held that one-half of the otherwise deductible maintenance expenses were capital expenditures because they represented the taxpayer’s cost of acquiring a one-half interest in the horses. We stated: We agree with respondent to the extent that at least some portion of these expenses, which would otherwise be deductible as ordinary and necessary business expenses, must be capitalized as petitioner’s acquisition costs in the particular factual circumstances here present. It is obvious that petitioner had some acquisition cost for his interests; these interests were not acquired for nothing. Although Woody paid the entire purchase price for each horse, he did not give petitioner a one-half interest in each without consideration. * * * * * * * * * * In effect, Woody assumed petitioner’s half of the purchase price and as consideration for this, petitioner assumed Woody’s half of the expense burden. * * * [Id. at 497.] 22 The court held that our findings as to the remaining expenses were not clearly erroneous. See Godfrey v. Commissioner, 335 F.2d 82, 86 (6th Cir. 1964), affg. T.C. Memo. 1963-1.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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