PNC Bancorp, Inc. Successor to First National Pennsylvania Corporation, et al. - Page 24

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          the banks to create new loans.14  The costs, which the banks                
          identified as loan origination costs in their books and records,            
          were deferred by the banks for financial accounting purposes in             
          accordance with SFAS 91 and were currently deducted by them for             
          Federal income tax purposes.15  The costs at issue include                  
          amounts paid to record security interests and amounts paid to               
          third parties for property reports, credit reports, and                     
          appraisals.  In the case of FNBP, the costs at issue also include           
          an allocable portion of the salaries and fringe benefits paid to            
          employees for evaluating the borrower's financial condition,                
          evaluating guaranties, collateral and other security                        
          arrangements, negotiating loan terms, preparing and processing              
          loan documents, and closing the loan transaction.                           
               Respondent contends that the loans constitute separate and             
          distinct assets of the banks.  In Commissioner v. Lincoln Sav. &            
          Loan Association, supra at 354, the Supreme Court held that the             
          payments in that case served:                                               

               to create or enhance for Lincoln what is essentially a                 
               separate and distinct additional asset and that, as an                 
               inevitable consequence, the payment is capital in                      
               nature and not an expense, let alone an ordinary                       


               14While the evidence does not specifically identify the                
          lives of the loans in question, petitioner makes no argument that           
          the lives of such loans did not extend substantially beyond the             
          taxable years in which the loans were originated.                           
               15The provisions of SFAS 91 do not control the proper                  
          characterization of the costs at issue. Thor Power Tool Co. v.              
          Commissioner, 439 U.S. 522, 542-543 (1979); Old Colony R.R. Co.             
          v. Commissioner, 284 U.S. 552, 562 (1932) (holding that                     
          compulsory accounting rules do not control tax consequences).               


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