- 18 - * * * of * * * property having a useful life substantially beyond the taxable year” is a capital expenditure. Sec. 1.263(a)-2(a), Income Tax Regs. The same expenditure that may be deductible in one setting might be capitalized in another, if it is incurred in connection with the acquisition of a capital asset. Commissioner v. Idaho Power Co., 418 U.S. 1, 13 (1974); Ellis Banking Corp. v. Commissioner, 688 F.2d 1376, 1379 (11th Cir. 1982), affg. in part and remanding in part on another ground T.C. Memo. 1981-123. Petitioner recognizes the applicability of the “process of acquisition” test in this case to decide whether expenditures are currently deductible or whether they must be capitalized. See Honodel v. Commissioner, 76 T.C. 351, 365 (1981), affd. 722 F.2d 1462 (9th Cir. 1984). The process of acquisition test focuses on the direct relationship between the cost and the acquisition, so that costs originating in the process of acquiring a capital asset are considered capital expenditures. Woodward v. Commissioner, 397 U.S. 572 (1970); Lychuk v. Commissioner, 116 T.C. 374, 390 (2001). In applying the process of acquisition test to the facts of this case, we analyze what FRGC was attempting to acquire when it incurred its expenses in 1998. FRGC’s operating agreement and private placement materials specifically state that FRGC’s sole business purpose was to engage in predevelopment activities to acquire suitable property for Flagstaff Ranch. FRGC and CherryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011