FMR Corp. and Subsidiaries - Page 26

                                       - 26 -                                         
          appropriate inquiry in deciding issues of capitalization is "the            
          duration and extent of any benefits that * * * [the taxpayer]               
          received * * * [from its expenditures]".  Connecticut Mut. Life             
          Ins. Co. & Consol. Subs. v. Commissioner, 106 T.C. 445, 453                 
          (1996).                                                                     
               Petitioner's RIC's were primarily organized as separate                
          series within Massachusetts business trusts.10  A Massachusetts             
          business trust, like any corporation organized under State law,             
          has perpetual existence.  Also, the series of a trust all have              
          perpetual existence.  Each RIC has a separate management contract           
          with petitioner that must be separately approved by the trustees            
          and the shareholders of each RIC.  No RIC managed by petitioner             
          has ever exercised its right of termination or otherwise failed             
          to renew a management contract with petitioner.  As a general               
          matter, a mutual fund board of trustees will terminate or fail to           
          renew a management contract only in rare circumstances involving            
          fraud or continued mismanagement.                                           
               As the RIC's founder, petitioner expects to be awarded the             
          initial contract to manage the new fund, as well as the annual              
          renewals of that contract for as long as the RIC exists.  Here,             
          petitioner's expectation was in fact realized.  The contract                
          between petitioner and the new RIC generally provides fund                  
          management services in exchange for remuneration.  Both                     


               10Two of the RIC's created during the years in issue                   
          involved the creation of new Massachusetts business trusts.                 




Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011