David J. Lychuk and Mary K. Lychuk, et al. - Page 68




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          that court: “The expenditures connected with the acquisition of             
          the broadcast license were no less capital in character because             
          they did not themselves contribute additional and specific                  
          financial value to the license being sought.  The important fact            
          is that the expenditures were made for the purpose of acquiring a           
          capital asset.”  Dustin v. Commissioner, 467 F.2d at 50; accord             
          King Amusement Co. v. Commissioner, 44 F.2d 709 (6th Cir. 1930)             
          (fees paid to guarantors of rent under lease were capital                   
          expenditures notwithstanding the fact that the fees added no                
          value to the lease or to the property leased thereunder), affg.             
          15 B.T.A. 566 (1929).                                                       
               In making this assertion, petitioners focus solely on the              
          latter part of the text in section 263(a)(1); to wit, the phrase            
          “made to increase the value of any property”.  We do not do                 
          likewise.  A proper reading of that section in full reveals that            
          the phrase relates to “permanent improvements or betterments” and           
          not to “new buildings”.31  Cf. Dustin v. Commissioner, 53 T.C. at           
          505.  Here, we are dealing with salaries and benefits paid to               
          acquire capital assets (i.e., the installment contracts) and not            
          with expenditures made to improve or better property already                
          owned.  We also bear in mind that the test for capitalization               


               31 Under the Treasury Department’s longstanding                        
          interpretation of sec. 263(a) as set forth in sec. 1.263(a)-2(a),           
          Income Tax Regs., the cost of acquiring a long-term asset is an             
          example of a capital expenditure.                                           





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