- 34 - In U.S. Bancorp & Consol. Subs. v. Commissioner, supra at 233-234, the taxpayer had a lease for a mainframe computer and paid a fee (rollover fee) in order to cancel that lease and enter into a new lease for a second, more powerful mainframe computer. The Court held that the taxpayer was required to capitalize the rollover fee. Id. at 239. In reaching that holding, the Court observed: The cases brought to our attention * * * occupy opposite ends of a spectrum. At one end is the case where a lessee pays a lessor to terminate a lease and no subsequent lease is entered into between the par- ties. In such a case the termination fee is clearly deductible in the year incurred, as there is no second lease raising the possibility that the lessee will realize significant future benefits beyond the current taxable year as a result of the termination payment. At the opposite end is the case of a lessee that can- cels a lease and then immediately enters into another lease with the same lessor, covering the same property. In substance, the first lease is not canceled but continues in modified form, and any unrecovered costs 22(...continued) expenditures at issue in order to modify and enhance the 1985 sale and leaseback agreements, the Commissioner of Internal Revenue (Commissioner) did not argue in Metrocorp, Inc. v. Commissioner, 116 T.C. 211 (2001), and T.J. Enters., Inc. v. Commissioner, 101 T.C. 581 (1993), that the costs at issue there modified, enhanced, or created a capital asset. The Commissioner argued in those two cases only that the costs at issue there created significant future benefits for the taxpayers there involved. On the record presented in Metrocorp, Inc. v. Commis- sioner, supra at 222, and T.J. Enters., Inc. v. Commissioner, supra at 592-593, the Court found that there were no significant future benefits requiring capitalization of the costs at issue in those cases. In the instant case, we have found that petitioner paid the expenditures at issue in order to modify and enhance the 1985 sale and leaseback agreements, thereby necessarily providing significant future benefits to petitioner. See Wells Fargo & Co. and Subs. v. Commissioner, supra at 884.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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