- 39 - 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).Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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