U.S. Bancorp and Its Consolidated Subsidiaries - Page 12

                                       - 12 -                                         

          damages paid in order to be released from an existing                       
          unprofitable arrangement.  See also Cassatt v. Commissioner, 137            
          F.2d 745, 748-749 (3d Cir. 1943), affg. 47 B.T.A. 400 (1942).               
               Respondent, to the contrary, argues that as a matter of law            
          the obligation to pay the $2.5 million rollover charge must be              
          capitalized and amortized over the 5-year term of the Second                
          Lease.  Respondent relies on INDOPCO, Inc. v. Commissioner,                 
          supra, to argue that because the obligation to pay $2.5 million             
          was incurred not only in terminating the First Lease, but also in           
          entering into the Second Lease, the $2.5 million obligation is a            
          cost of obtaining significant future benefits under the Second              
          Lease and should therefore be capitalized over the term of the              
          Second Lease.                                                               
          Respondent further relies on Pig & Whistle Co. v.                           
          Commissioner, 9 B.T.A. 668 (1927), and Phil Gluckstern's, Inc. v.           
          Commissioner, T.C. Memo. 1956-9, to argue in favor of                       
          capitalizing the rollover charge.  These were cases of lessees              
          who had made lump-sum payments to purchase leaseholds, which they           
          then amortized over the term of the lease.  Thereafter, the lease           
          in each of these cases was canceled and the parties entered into            
          another lease on the same property.  In both cases the                      
          unamortized cost of the first lease was held not to be deductible           
          in the year that the first lease was canceled.  Rather, because             
          of the relationship between the successive leases, the                      





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011