- 5 - amortize, over a period of not less than 60 months, trademark and trade name expenditures paid or incurred during a taxable year beginning after December 31, 1955. In order to amortize its claimed trademark and trade name expenditures, petitioner was required under section 177(c) and section 1.177-1(c), Income Tax Regs., to attach a statement, signifying its election to amortize, to its return for the taxable year in which the expenses were incurred. Petitioner attached a statement to its return for the year 1985, which petitioner claims meets the requirements in the regulations. Petitioner claims that on page 34, statement 17 of its original income tax return for the taxable year 1985, it elected to defer and amortize its trademark and trade name expenditures over a period of 60 months, starting on January 1, 1983, in the case of the “Freddie Mac” item, and on January 1, 1984, in the case of the “Gnome” items. Petitioner deducted $49,688 in respect of trademark and trade name expenditures on its income tax returns for each of the taxable years 1985 through 1987 and $43,070 in the taxable year 1988. Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. FPL Group, Inc. v. Commissioner, 116 T.C. 73, 74 (2001). Either party may move for summary judgment upon all or any part of the legal issues in controversy. Rule 121(a); FPL Group, Inc. v. Commissioner, supraPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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