U.S. Bancorp and Its Consolidated Subsidiaries - Page 8

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          was deductible as an expense in 1990.  Petitioner explained that            
          the $793,753 deducted on the 1990 return was the amount of the              
          lease termination charge recorded on its books for financial                
          statement purposes, using capital lease accounting rules, but               
          that for Federal tax purposes petitioner was taking the position            
          that it was entitled to deduct the full termination charge of               
          $2.5 million for the taxable year in which it became legally                
          obligated to pay that amount.                                               
               A supplement to respondent’s response to petitioner's motion           
          for partial summary judgment partially alters respondent’s                  
          position.  Respondent now concedes that petitioner is entitled              
          "to an amortization deduction for one month in 1990, or to one-             
          sixtieth of the total $2.5 million rollover payment" because                
          petitioner is an accrual basis taxpayer, and because the                    
          obligation to make the first monthly payment for the rollover               
          charge accrued on December 1, 1990.                                         
          Discussion                                                                  
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Florida Peach Corp. v.             
          Commissioner, 90 T.C. 678, 681 (1988).  Summary judgment is                 
          appropriate where there is no genuine issue of material fact and            
          decision may be rendered as a matter of law.  Rule 121(b);                  
          Sundstrand Corp. v. Commissioner, 98 T.C. at 520; Jacklin v.                
          Commissioner, 79 T.C. 340, 344 (1982).  In deciding whether to              





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