- 63 - The majority advance three arguments for avoiding this seemingly inescapable conclusion. First, the majority claim that respondent “did not determine, and has declined to argue” that the fees should be capitalized on the ground that they were incurred in connection with the acquisition of capital assets. Majority op. p. 11. Second, the majority assert that the fees were paid to an insurer (the FDIC) in order to protect the “integrity” of the insurer’s reserves. Majority op. pp. 19-22. Third, the majority claim that the fees were deductible “cost saving expenditures”. Majority op. pp. 22-23. None of these arguments holds water. Costs Incurred in Connection With Asset Acquisitions Are Capital Even normally deductible costs must be capitalized if they are sufficiently related to the acquisition of a capital asset (or to some other capital transaction). As the Supreme Court stated in Commissioner v. Idaho Power Co., supra at 13: 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. This Court has recently cited Idaho Power Co. to support the holding that legal fees, like other expenditures that ordinarily might qualify as currently deductible, must be capitalized ifPage: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
Last modified: May 25, 2011