- 26 - preclude the development from going forward. Id. at 220. We also note that we make this determination at the time the taxes are paid or incurred, not at the time the taxpayer acquired the property. Sec. 1.263A-2(a)(3)(ii), Income Tax Regs. Therefore, it is not dispositive to our determination whether Calvine 120/140 had undergone physical changes as of the time those taxes were paid, that the zoning restrictions may hinder or ultimately prohibit development, or that petitioner initially acquired the property for investment purposes. On the basis of the evidence, we conclude that it was petitioner’s intention and reasonably likely that Calvine 120/140 would be subsequently developed when the taxes were paid in 1995. Therefore, we hold that the amounts paid for real estate taxes for the property must be capitalized during the 1995 taxable year. V. Payment to Consolidated Electrical Distributors Respondent argues that petitioner may not deduct a $7,472 payment to Consolidated Electrical Distributors in 1995 because petitioner did not present any evidence as to the business purpose of the payment. Although the payment was made from a business account of petitioner’s, respondent points to instances in which petitioner paid personal expenses from this bank account. Petitioner counters that there could have been no other purpose for the payment but for a business purpose. We agree with respondent.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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