24 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).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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