3 The sole issue for decision is whether loan origination expenditures were ordinary and necessary business expenses properly deductible under section 162(a)3 or whether they are required to be capitalized under section 263. FINDINGS OF FACT Some of the facts have been stipulated and are incorporated herein by this reference. During the years in issue, First National Pennsylvania Corp. (FNPC) was a corporation organized under the laws of Pennsylvania and was the owner of all the stock of the First National Bank of Pennsylvania (FNBP), East Bay Mortgage Co., and other corporations which joined with FNPC in the filing of consolidated Federal corporation income tax returns (Forms 1120) (the FNPC Group). The Forms 1120 of the FNPC Group for the calendar years 1988, 1989, and 1990 were prepared using the accrual method of accounting. During the years 1990 through 1993, United Federal Bancorp, Inc. (UFB) was a corporation organized under the laws of Pennsylvania and was the owner of all the stock of the United Federal Savings Bank (UFSB) and other corporations which joined with UFB in the filing of Forms 1120 (the UFB Group). The Forms 3Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable years in issue, and all Rule references are to the Tax Court Rules on Practice and Procedure.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