- 19 - remaining amounts had to be capitalized and amortized over the life of the new bonds, just as we hold the full amount of the rollover charge must be capitalized and amortized over the term of the Second Lease. There is no ground for concluding that the rollover charge is currently deductible in full or for making an allocation under which a portion of the charge would be currently deducted as attributable to the termination of the First Lease and a portion capitalized and amortized over the Second Lease. Although the apparent paradox--arising from the likelihood that the charge would have been higher if petitioner had not entered into the Second Lease with ICC--gives us pause, any doubts are resolved by the advantage petitioner obtained, by entering into the Second Lease, of being able to finance the charge over the term of the Second Lease. In sum, we hold that petitioner's obligation to pay the rollover charge is a capital expenditure that is not currently deductible and must be amortized over the 5-year term of the Second Lease. Respondent has conceded that petitioner, as an accrual basis taxpayer, had accrued a 1-month liability for the rollover charge on December 1, 1990. As we construe respondent's concession, petitioner is entitled to an amortization deduction of $53,775 for the year 1990, equal to the first installment, which accrued in that year, of the obligation to pay the $2.5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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