David J. Lychuk and Mary K. Lychuk, et al. - Page 47




                                       - 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.                                                                     





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