- 23 - (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 andPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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