FMR Corp. and Subsidiaries - Page 39

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               Petitioner also relies heavily on a Memorandum Opinion of              
          this Court, Equitable Life Ins. Co. v. Commissioner, T.C. Memo.             
          1977-299.  In Equitable Life Ins. Co. v. Commissioner, supra, we            
          held that expenses incurred by an insurance company in                      
          registering certain variable annuity contracts under the                    
          Securities Act of 1933 and registering as a management investment           
          company pursuant to the provisions of the Investment Company Act            
          of 1940 were deductible.  In reaching this conclusion, we                   
          emphasized that the registration expenses were "normal, usual and           
          customary in the day-to-day operations of the insurance                     
          business."  We also found that the expenses were not incurred in            
          the acquisition of a capital asset.  However, we did not analyze,           
          nor did we discuss, whether the expenses in question produced a             
          significant long-term benefit for the taxpayer.                             
               The aforementioned cases upon which petitioner relies were             
          decided prior to the Supreme Court's decision in INDOPCO, Inc. v.           
          Commissioner, 503 U.S. 79 (1992).  In fact, the Supreme Court               
          granted certiorari in INDOPCO, Inc. v. Commissioner, supra at 83            
          n.3, to resolve a perceived conflict among various Courts of                
          Appeals and specifically cited NCNB Corp. v. United States,                 
          supra, and Briarcliff Candy Corp. v. Commissioner, supra.  In               
          INDOPCO, Inc. v. Commissioner, 503 U.S. at 90, the Supreme Court            
          held that investment banking fees and other fees paid by the                
          taxpayer in connection with a friendly acquisition had to be                
          capitalized because they provided significant long-term benefits            




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