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ZANINOVICH v. C. I. R.

No. 78-1818.

616 F.2d 429 (1980)

Martin J. and Margaret M. ZANINOVICH and Vincent M. and Dorothy F. Zaninovich, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Ninth Circuit.

April 3, 1980.

Attorney(s) appearing for the Case

John J. McGregor, Thomas, Snell, Jamison, Russell, Williamson & Asperger, Fresno, Cal., on brief; William N. Snell, Fresno, Cal., for appellants.

Gilbert E. Andrews, Chief App. Dept. of Justice, Washington, D. C., on brief; George L. Hasting, Jr., Tax Div. U. S. Dept. of Justice, Washington, D. C., for appellee.

Before WALLACE, KENNEDY and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

This case presents the issue of whether a rental payment by a cash basis taxpayer for a lease year that extended eleven months beyond the year of payment is fully deductible in the year of payment as an ordinary and necessary business expense1 or must be deducted on a prorated basis as a capital expenditure. We hold that the payment in this case was fully deductible in the year of payment.

Petitioners Martin...

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