- 10 - On audit, respondent determined that the above costs were not currently deductible by petitioners under section 162 as ordinary and necessary business expenses but instead should be included under section 263A in petitioners’ inventory costs of the manufactured homes. OPINION Generally, under section 263A(a) and (b), indirect costs allocable to inventory acquired for resale are not currently deductible and are to be included in inventory.3 Regulations promulgated under section 263A expressly include transportation, rent, taxes, and repair and maintenance costs relating to property held for resale as examples of indirect costs to be included in inventory. Sec. 1.263A-1(e)(3)(ii)(G), (K), (L), (O), Income Tax Regs. Also, costs associated with storing property held for resale generally are to be included in inventory. Sec. 1.263A- 1(e)(3)(ii)(H), Income Tax Regs. However, under section 1.263A-1(e)(3)(iii)(I), Income Tax Regs., storage costs relating to inventory which are incurred by 3 Although residential homes constructed on-site for resale generally are not treated as inventory and costs associated therewith are to be capitalized under sec. 263A(a)(1)(B), manufactured homes, as long as they have not become fixtures to real property, are treated as personal property, and costs associated therewith are subject to inventory treatment under sec. 263A(a)(1)(A). See, e.g., Murray v. Zerbel, 764 P.2d 1158, 1161 (Ariz. Ct. App. 1988)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011