- 32 - inconsistent with the capitalization of the acquisition costs at issue [in the FSA]”. The legislative history of section 195 lends support to respondent’s position in the FSA that that provision was not intended to apply to the cost of investigating the acquisition of a specific capital asset. H. Rept. 96-1278, 1980-2 C.B. 709, is the report of the Committee on Ways and Means (the committee) that accompanied H.R. 7956, which, when enacted in the Miscellaneous Revenue Act of 1980, Pub. L. 96-605, sec. 102, 94 Stat. 3522, added section 195 to the Code. In describing the pre-section 195 law, the committee makes the following observation: Expenditures made in acquiring or creating an asset which has a useful life that extends beyond the taxable year normally must be capitalized. These costs ordinarily may be recovered through depreciation or amortization deductions over the useful life of the asset. However, costs which relate to an asset with either an unlimited or indeterminate useful life may be recovered only upon a disposition or cessation of the business. [H. Rept. 96-1278, 1980-2 C.B. at 712.] Under the heading “Reasons for change”, the committee expresses its belief that providing “for the amortization of business startup and investigatory expenses will encourage formation of new businesses and decrease controversy and litigation arising under present law with respect to the proper income tax classification of startup expenditures.” Id. Those statements, when read together, indicate that the committee viewedPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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