U.S. Bancorp and Its Consolidated Subsidiaries - Page 4

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          Inc., a bank holding company incorporated in the State of                   
          Delaware, which then changed its name to U.S. Bancorp                       
          (petitioner).  West One was a calendar year taxpayer that used              
          the accrual method of accounting for 1989 and 1990, the tax years           
          in issue.                                                                   
               The leases at issue in this case were between West One as              
          lessee and IBM Credit Corp. (ICC) as lessor.  For purposes of               
          leasing computer equipment, ICC uses a document captioned "Term             
          Lease Master Agreement" (the Master Agreement), which contains an           
          umbrella set of terms.  Customers of ICC sign the Master                    
          Agreement, whose terms then govern all future lease transactions            
          between ICC and the customer.  When a customer enters into an               
          individual lease transaction, it signs a document captioned "Term           
          Lease Supplement" (Supplement), which expressly incorporates the            
          terms of the Master Agreement and contains a description of the             
          leased equipment, price terms, financing arrangements, and other            
          factors unique to the transaction.  The Master Agreement                    
          explicitly provides that the lease cannot be canceled and does              
          not provide for a specific charge in case of early termination of           
          the lease or for a formula for computing any such charge.                   
               West One, at the time still named Moore Financial, executed            
          the Master Agreement with ICC in March 1989.  In August 1989,               
          West One leased an IBM 3090 mainframe computer (the 3090) from              
          ICC (the First Lease).  The lease term commenced August 30, 1989,           





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