Basin Electric Power Cooperative - Page 23

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          (2) produces a significant benefit beyond the current taxable               
          year (significant future benefits), see INDOPCO, Inc. v. Commis-            
          sioner, supra at 87-89; Wells Fargo & Co. and Subs. v. Commis-              
          sioner, supra at 887; or (3) is in connection with the acquisi-             
          tion of a capital asset, Commissioner v. Idaho Power Co., 418               
          U.S. 1, 13 (1974).                                                          
               It is petitioner’s position that the expenditures at issue             
          should be deducted under section 162(a) and not capitalized under           
          section 263(a).  In support of that position, petitioner argues             
          that it paid the expenditures at issue in order to reduce its               
          future operating costs, viz., the future minimum annual basic               
          rent that the 1985 sale and leaseback required petitioner to pay            
          to the owner participants for the use of the AVS unit II, and               
          that, under Metrocorp, Inc. v. Commissioner, 116 T.C. 211 (2001),           
          and T.J. Enters., Inc. v. Commissioner, 101 T.C. 581 (1993), such           
          expenditures are deductible under section 162(a).                           
               It is respondent’s position that the expenditures at issue             
          should be capitalized under section 263(a) and not deducted under           
          section 162(a).  In support of that position, respondent argues             
          that petitioner paid the expenditures at issue in order to modify           
          and enhance a capital asset, viz., the 1985 sale and leaseback,             
          and that, under U.S. Bancorp & Consol. Subs. v. Commissioner, 111           
          T.C. 231 (1998), such expenditures must be capitalized.                     
               The “decisive distinctions” between current expenses and               






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