Metrocorp, Inc. - Page 39




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          create significant future benefits;3 and (3) were not incurred in           
          connection with the acquisition of a capital asset.4                        
               Capitalization is generally required for expenditures that             
          are incurred by a taxpayer “in connection with” the acquisition             
          of an asset.  Such expenditures include more than just the stated           
          purchase price of the asset.  For example, wages paid in                    
          connection with the acquisition of a capital asset or legal fees            
          paid to consummate an acquisition must be capitalized.  See                 
          Commissioner v. Idaho Power Co., 418 U.S. 1 (1974); American                
          Stores Co. & Subs. v. Commissioner, 114 T.C. 458 (2000).                    
               In Commissioner v. Idaho Power Co., supra at 13, the Supreme           
          Court observed:                                                             
               Of course, reasonable wages paid in the carrying on of                 
               a trade or business qualify as a deduction from gross                  
               income. * * * But when wages are paid in connection                    
               with the construction or acquisition of a capital                      
               asset, they must be capitalized and are then entitled                  
               to be amortized over the life of the capital asset so                  
               acquired. * * *                                                        
          In American Stores Co. & Subs. v. Commissioner, supra at 469, we            
          explained:                                                                  
                    A particular cost, no matter what its type, may be                
               deductible in one context but may be required to be                    
               capitalized in another context.  Simply because other                  
               cases have allowed a current deduction for similar                     


               3See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 87-88                 
          (1992).                                                                     
               4See Commissioner v. Idaho Power Co., 418 U.S. 1, 13 (1974);           
          American Stores Co. & Subs. v. Commissioner, 114 T.C. 458, 469              
          (2000).                                                                     





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