- 14 - 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. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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