George Tsakopoulos and Drousoula Tsakopoulos - Page 25




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          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 eventually                





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