- 12 - this tax return to treat any property they placed in service in 1996 as section 179 property. _____________________________________ No more than $18,739 of petitioner’s capital expenditures for the Improvements constitutes a substitute for rent. OPINION I. Deducting the Cost of Improvements Petitioners contend that, under section 162(a)(3), they may deduct the cost of the Improvements because they (1) were required to pay for and make the Improvements, and (2) did not acquire either title to, or an equity interest in, the Improvements. Petitioners’ contention closely tracks the statutory language. Petitioners’ contention also appears to be based on assumed economic realities; i.e., that the Improvements that the lessee was required to make would increase the Store Space’s value, that this expected value increase implicitly reduced the amount of the rent obligations, and that, to the extent of the reduction, the cost of the Improvements is deductible rent expense under section 162(a)(3). Respondent contends that petitioners must capitalize and depreciate the cost of the Improvements because they are nondeductible capital expenditures under section 263. We agree with respondent’s conclusion and much of respondent’s analysis.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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