- 15 - taxpayer argued in this Court that he could deduct $10,960 of the expenses because they were attributable to a hearing held by the Federal Communications Commission on this matter and did not add any value to the acquired stock. We disagreed with the taxpayer that any of these amounts were currently deductible. On appeal, so did the Court of Appeals for the Ninth Circuit. According to that court: “The expenditures connected with the acquisition of the broadcast license were no less capital in character because they did not themselves contribute additional and specific financial value to the license being sought. The important fact is that the expenditures were made for the purpose of acquiring a capital asset.” * * * [Fn. ref. omitted.] We noted that the test for capitalization does not hinge on the amount of value added to property but looks at the nature of the expense itself. Id. at 414. We concluded that “When the nature of an expenditure bears a direct relation to the acquisition of a capital asset * * * the expenditure must be capitalized.” Id. Petitioners acquired a capital asset. Petitioners subsequently discovered that they paid more for the asset than it was worth. Petitioners initiated a lawsuit against MHP and Mr. Meglin and sought to recover damages on the grounds that misrepresentations by Mr. Meglin had caused them to pay more than the hotel was worth. Petitioners and Mr. Meglin eventually entered into a release and settlement agreement whereby petitioners’ obligation under the promissory note executed forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011