- 21 - In examining the plain language of the statute, the Court in Security Bank Minn. v. Commissioner, supra, stated: In the Code and in normal bank parlance, terms such as acquisition and issue commonly refer to third- party debt instruments; "loans" are "made" by a bank to its customers. * * * The terms "loan" and "made" are noticeably absent from the definition of short-term obligations in section 1283(a)(1)(A). [Security Bank Minn. v. Commissioner, 98 T.C. at 39.] Similarly, in evaluating the legislative record, the Court in Security Bank Minn. noted that: "all of the available material [in the legislative history] is expressed in terms relating to purchased or acquired instruments, not expressly to loans made." Id. at 41. Against this background, respondent asserts that time deposits and CD's are "purchased" or "acquired" from other banks, within the common meaning of those words, and within the meaning developed by the Court in Security Bank Minn. v. Commissioner, supra. Respondent additionally asserts that the obligor banks on such deposits and CD's are not "customers" of the bank that owns the deposits and CD's, once again within both the common meaning of the term and the meaning developed in Security Bank Minn. v. Commissioner, supra. We believe that whether, as a matter of law, respondent's argument is correct depends, at least in part, on the answers to a number of factual questions concerning the nature of time deposits and CD's. For example, before we could rule onPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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