- 3 - repairs on the roof.” The work done on the rental house by the contractors also included interior repairs and drywall installation, the cost of which respondent has conceded. The contractors removed the existing top layers of the roof and recovered it with fiberglass sheets and hot asphalt. They made no structural changes to the roof. The $8,000 cost of removing and replacing the roof-covering material on the roof of the rental house is the amount in issue. Petitioner claims it is a deductible expense; respondent argues it is a capital expense. Section 162 provides for the deduction of all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. See sec. 62(a)(4). The costs of incidental repairs to property are deductible if those repairs neither materially add to the value of the property nor appreciably prolong the life of the property. Sec. 1.162-4, Income Tax Regs. Repairs in the nature of replacements, to the extent that they arrest deterioration and appreciably prolong the life of the property, must generally be capitalized and depreciated in accordance with section 167. Id. Further, section 263(a) provides that no deduction shall be allowed for permanent improvements or betterments made to increase the value of any property. The issue in this case has been considered previously by this Court in Oberman Manufacturing Co. v. Commissioner, 47 T.C.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011