- 4 - 471 (1967). In that case, the Court held that the cost of removing and replacing roof-covering material (as well as the cost of inserting an expansion joint in the roof) was a deductible expense. The Court observed that “it is necessary to take into consideration the purpose for which an expenditure is made in order to determine whether such expenditure is capital in nature or constitutes a current expense.” Oberman Manufacturing Co. v. Commissioner, supra at 482. The Court in Oberman Manufacturing Co. observed that the taxpayer’s only purpose was to prevent leakage and keep the leased property in an operating condition over its probable useful life and not to prolong the life of the property, increase its value, or make it adaptable to another use. There was no replacement or substitution of the roof. Petitioner’s only purpose in having the work done to the roof was to prevent the leakage and keep her rental house in operating condition and not to prolong the life of the property, increase its value, or make it adaptable to another use. As in Oberman Manufacturing Co., there was no replacement or substitution of the roof. Petitioner’s expenditure merely restored her rental house to one with a roof free of leaks. OnPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011