T.C. Memo. 2002-231 UNITED STATES TAX COURT MICHAEL A. MCGRATH AND FRANCES Y. MCGRATH, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 126-99. Filed September 18, 2002. In 1995, Ps leased (as lessee) retail space in a shopping center to operate a bakery. When Ps entered into the lease, the leased space was nothing more than a dirt floor enclosed by temporary walls; the leased space was not serviced by any utilities. The lease obligated Ps to make substantial permanent improvements to the leased space at their own expense. Other than trade fixtures, the permanent improvements Ps made to the leased space became the property of the lessor upon installation. Ps did not make a sec. 179, I.R.C. 1986, election on their timely filed tax return for either 1995 or 1996. Ps did not file a timely amended tax return for either 1995 or 1996. 1. Held: Ps’ expenditures for the permanent improvements they made to the leased space constitute capital expenditures that are not currently deductible. Sec. 263, I.R.C. 1986. Ps’ cost recovery for the years inPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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