Plastic Engineering & Technical Services, Inc. - Page 5




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               Deductions are a matter of legislative grace, and taxpayers            
          bear the burden of proving the entitlement to any deduction                 
          claimed.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992);            
          New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                
          Section 162(a) allows a deduction for a taxpayer’s “ordinary and            
          necessary” business expenses paid or incurred during the taxable            
          year.  However, deductions allowed under section 162(a) are also            
          “subject to the exceptions provided in part IX (sec. 261 and                
          following, relating to items not deductible).”  Sec. 161.                   
               The uniform capitalization rules of section 263A(a)(1)                 
          require that all direct costs and certain indirect costs                    
          allocable to certain property be included in inventory, or                  
          capitalized if such property is not inventory.  Taxpayers subject           
          to section 263A must capitalize all direct costs and certain                
          indirect costs properly allocable to property produced or                   
          property acquired for resale.  Sec. 1.263A-1(e)(1), Income Tax              
          Regs.  “Direct costs”, as they are relevant to “producers”,                 
          include “direct material costs and direct labor costs.”  Sec.               
          1.263A-1(e)(2)(i), Income Tax Regs.  “Direct material costs”                
          include the costs of those materials that become an integral part           
          of specific property produced and those materials that are                  
          consumed in the ordinary course of production and that can be               
          identified or associated with particular units or groups of units           
          of property produced.  Sec. 1.263A-1(e)(2)(i)(A), Income Tax                






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