- 25 - v. Commissioner, 112 T.C. 14, 17 (1999) (citing Von-Lusk v. Commissioner, 104 T.C. 207, 215 (1995)). Further, the regulations provide: If property is held for future production, taxpayers must capitalize direct and indirect costs allocable to such property (e.g., purchasing, storage, handling, and other costs), even though production has not begun. If property is not held for production, indirect costs incurred prior to the beginning of the production period must be allocated to the property and capitalized if, at the time the costs are incurred, it is reasonably likely that production will occur at some future date. Thus, for example, a manufacturer must capitalize the costs of storing and handling raw materials before the raw materials are committed to production. In addition, a real estate developer must capitalize property taxes incurred with respect to property if, at the time the taxes are incurred, it is reasonably likely that the property will be subsequently developed. [Emphasis added.] Sec. 1.263A-2(a)(3)(ii), Income Tax Regs. In 1995, the year in which the real estate taxes were paid, petitioner filed a document with the County outlining plans to subdivide the property. Petitioner testified that he filed the application to change the zoning of the property from SPA to residential zoning because the SPA zoning was depressing the value of his property. Petitioner also testified: “I filed this application to give attention to County of Sacramento. My properties are ready to be developed”. We have rejected arguments that a physical change to the property is required for the capitalization of costs. See Von- Lusk v. Commissioner, supra at 218. In addition, we have held that our determination as to whether development will occur is unaffected by local regulations that may delay or eventuallyPage: 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