Norwest Corporation and Subsidiaries, Successor in Interest to Davenport Bank and Trust Company and Subsidiaries - Page 4

                                        - 4 -                                         

          statement described as a "protective disclosure statement" to               
          satisfy section 6662(d)(2)(B),4 which stated:                               

               The taxpayer has deducted certain legal and professional               
               fees as ordinary and necessary business expenses under                 
               section 162 of the Internal Revenue Code.  The amount of the           
               expenses deducted was $658,000.  In INDOPCO, Inc. v.                   
               Commissioner, (112 S.Ct. 1039 (1992), aff'g  National Starch           
               & Chem. Corp. v. Commissioner, 918 F.2d 426 (3d Cir. 1990)),           
               the Supreme Court held that a corporation must capitalize              
               expenses resulting in future long-term benefits.  The                  
               taxpayer believes that the facts and circumstances with                
               respect to the deducted amounts are distinguishable from               
               those in INDOPCO.                                                      

               In the notice of deficiency, respondent disallowed the                 
          $658,000 on the ground that these expenses should be capitalized.           
               The question as to whether the $658,000 should be                      
          capitalized or allowed as an ordinary and necessary expense                 
          deduction is not directly at issue in these motions.  Rather, in            
          its motions, petitioner contends respondent made no                         
          "determination" of a deficiency with respect to $151,382 of the             
          $658,000 expenses, and, therefore, this Court has no jurisdiction           
          with respect to any underpayment attributable to the $151,382.              
          Alternatively, if the Court has jurisdiction over this portion of           

          4                                                                           
               Sec. 6662(a) imposes a penalty for any portion of an                   
          underpayment in tax that is attributable to one or more of five             
          situations described in sec. 6662(b).  Under sec. 6662(d)(2)(B),            
          any underpayment subject to the penalty shall be reduced if it is           
          attributable to any item as to which the taxpayer had substantial           
          authority for the treatment of such item on the return, or as to            
          which "the relevant facts affecting the item's tax treatment are            
          adequately disclosed in the return or in a statement attached to            
          the return."                                                                




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