Jeffrey and Karen Winter - Page 14




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          Unlike the taxpayers in Freeland, the kind of transaction out of            
          which the litigation arose was petitioners’ original acquisition            
          of the hotel, and the litigation essentially resulted in a                  
          reduced purchase price for the hotel.                                       
               Finally, petitioners claim that acquisition costs are only             
          required to be capitalized when a new asset is acquired or the              
          costs extend the life or increase the value of the asset.                   
          Petitioners contend that because the Truckee Hotel was                      
          substantially overvalued at the time of purchase and its                    
          capitalized value remained substantially in excess of its fair              
          market value after the settlement agreement, there was no                   
          increase in the life or value of the hotel as a result of the               
          litigation.                                                                 
               We recently rejected the argument that acquisition costs are           
          capitalizable only if they create or add value to a capital                 
          asset.  In Lychuk v. Commissioner, 116 T.C. at 413-414, we                  
          stated:                                                                     
               we disagree with * * * [the taxpayers] that acquisition                
               costs are capitalizable under section 263(a) only if                   
               they create or add value to a capital asset.  In Dustin                
               v. Commissioner, 467 F.2d 47, 49-50 (9th Cir. 1972),                   
               affg. 53 T.C. 491 (1969), the taxpayer was a                           
               shareholder of an S corporation (Capitol) that agreed                  
               to acquire the stock of a company that owned and                       
               operated radio station KGMS.  In 1961, Capitol incurred                
               $12,460 of legal, engineering, and accounting fees in                  
               connection with the transfer to Capitol of control of                  
               station KGMS’ radio-broadcasting license.  The taxpayer                
               deducted his proportionate share of these expenses, and                
               the Commissioner disallowed the deduction asserting                    
               that the expenses were capital expenditures.  The                      





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