- 11 - issue we might agree.5 But the issue here is whether petitioner meets the substantive requirements of section 177(a). Petitioner argues that the language in section 177(a), referring to a taxable year, must be read in its full context. Petitioner points to the following language in section 177(a): “Any trademark or trade name expenditure paid or incurred during a taxable year beginning after December 31, 1955”. (Emphasis added.) Petitioner argues that this language merely establishes the effective date of section 177. See Act of June 29, 1956, ch. 464, sec. 4, 70 Stat. 406. We disagree. While the above quoted language certainly specifies that section 177 applies only to expenditures made after December 31, 1955, it also specifies that qualifying expenditures be paid or incurred during a “taxable year” after that date. We cannot simply read this requirement out of the statute. Petitioner cites no authority for doing so, and there is nothing in the legislative history indicating that Congress intended such a limited application. 5See Dougherty v. Commissioner, 60 T.C. 917 (1973) (election held effective where filed in response to the Commissioner’s indication of intention to include additional amount in the taxpayer’s return years after time prescribed in regulations for making the election); see also Roy H. Park Broad. v. Commissioner, 78 T.C. 1093 (1982) (election filed in amended returns more than 4 years after filing of original return allowed where taxpayer was unable to secure required certification at time original return filed); Bayley v. Commissioner, 35 T.C. 288 (1960) (election to compute gain on installment basis which was made in amended petition to this Court held effective where taxpayer treated gain in original return as deferred under sec. 1034).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011