Eli T. Sleiman, Jr. and Janie L. Sleiman, et al. - Page 20

                                       - 20 -                                         


          Amortization Period                                                         
               The third issue for decision is the proper amortization                
          period for loan commitment fees and attorney's fees incurred by             
          ME during 1992 to obtain a construction loan.                               
               As part of the closing costs of its $1,500,000 construction            
          loan from SouthTrust Bank, ME was required to pay a loan                    
          commitment fee in the amount of $15,000.  ME also incurred                  
          attorney's fees in the amount $6,450 to obtain the construction             
          loan.                                                                       
               On its 1992 return, ME claimed the fees as prepaid mortgage            
          expenses and amortized them over a 1-year period,7 which resulted           
          in a claimed amortization deduction in the amount of $10,475.  In           
          the statutory notice of deficiency, respondent determined that              
          the fees were properly amortized over an 11-year period, which              
          includes the 1-year period of the construction loan and the 10-             
          year period of the permanent loan, and disallowed $9,500 of the             
          claimed amortization deduction.                                             
               Amounts paid for services rendered in connection with a loan           
          constitute capital expenditures which must be amortized over the            
          term of the loan.  Lay v. Commissioner, 69 T.C. 421, 437-440                


          7         The difference, in the amount of $500, between the                
          amortizable amount of fees stipulated to by the parties, $21,450,           
          and the amortizable amount claimed on ME's return, $20,950, is              
          apparently attributable to an increase in the amount of allowable           
          attorney's fees.                                                            




Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011