- 65 - 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.Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
Last modified: May 25, 2011