- 24 - 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 ReichelPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011