- 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