George Tsakopoulos and Drousoula Tsakopoulos - Page 24




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          that he acquired and held the property for investment purposes,             
          there has been no physical change to the property, and it was not           
          reasonably likely that he would subsequently develop the property           
          once he acquired it.                                                        
               Section 263A provides:                                                 
                    (a) Nondeductibility of Certain Direct and                        
               Indirect Costs.--                                                      
                         (1) In general.–-In the case of any                          
                    property to which this section applies, any                       
                    costs described in paragraph (2)--                                
                              (A) in the case of property                             
                         which is inventory in the hands of                           
                         the taxpayer, shall be included in                           
                         inventory costs, and                                         
                              (B) in the case of any other                            
                         property, shall be capitalized.                              
                         (2) Allocable costs.–-The costs                              
                    described in this paragraph with respect to                       
                    any property are–                                                 
                              (A) the direct costs of such                            
                         property, and                                                
                              (B) such property’s proper                              
                         share of those indirect costs                                
                         (including taxes) part or all of                             
                         which are allocable to such                                  
                         property.                                                    
          Real estate taxes qualify as an “indirect cost” that must be                
          capitalized under section 263A if this section applies.  Sec.               
          1.263A-1(e)(3)(ii)(L), Income Tax Regs.  Section 263A applies to            
          property “produced” by the taxpayer.  Sec.  263A(b)(1).  Section            
          263A(g)(1) defines the term “produce” to include “construct,                
          build, install, manufacture, develop, or improve.”  Congress                
          intended the term “produce” to be broadly construed.  See Reichel           





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