FMR Corp. and Subsidiaries - Page 38

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          by banks since a credit card operation was merely a new method of           
          operating an old business.  The Court of Appeals reasoned that,             
          since the taxpayer did not acquire a separate and distinct asset            
          from the expenditures, capitalization was not required.                     
               In NCNB Corp. v. United States, supra, the Court of Appeals            
          for the Fourth Circuit held that costs incurred in developing               
          bank branches (such as expansion plans, feasibility studies, and            
          regulatory applications) were immediately deductible.  The court            
          cited Commissioner v. Lincoln Sav. & Loan Association, supra, in            
          determining that the expenditures were currently deductible                 
          because they did not create or enhance separate and identifiable            
          assets.  NCNB Corp. v. United States, supra at 294.  Although the           
          court recognized that a future benefit is a factor to be                    
          considered, the language of the decision clearly emphasized the             
          lack of a separate and distinct additional asset in arriving at             
          its conclusion:                                                             

               The money spent or obligated for metro studies,                        
               feasibility studies, and applications to the                           
               Comptroller of the Currency, it seems to us, adds                      
               nothing to the value of a bank's assets which can be so                
               definitely ascertained that it must be capitalized.                    
               Certainly no "separate and distinct additional asset"                  
               is created.  While the benefit of all of these classes                 
               of expenses may or may not endure for more than one                    
               year, that is but one factor to be considered.  The                    
               branch has no existence separate and apart from the                    
               parent bank; as a branch bank, it is not readily                       
               salable and has no market value other than the real                    
               estate which it occupies and the tangible equipment                    
               therein.  [Id. at 293.]                                                






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