PNC Bancorp, Inc. Successor to First National Pennsylvania Corporation, et al. - Page 27

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          expenditures here challenged did not create a property interest.            
          They produced nothing corporeal or salable."  See also First                
          Natl. Bank of South Carolina v. United States, supra at 723                 
          ("Membership in ASBA is not a separate and distinct additional              
          asset created or enhanced by the payments in question.").                   
               The cases cited by petitioner are distinguishable from the             
          facts before us because the expenses in the instant cases created           
          loans which were separate and distinct assets.  Although                    
          petitioner may be correct that loan origination expenses are                
          "similar" to those incurred in the cases on which it relies,                
          nonetheless, in the instant cases separate and distinct assets              
          were created.  Thus, the cited cases do not support petitioner's            
          argument and certainly are not "direct precedent" as it contends.           
          See Ellis Banking Corp. v. Commissioner, T.C. Memo. 1981-123,               
          affd. in part and remanded in part on another issue 688 F.2d 1376           
          (11th Cir. 1982) (distinguishing cases the taxpayer relied upon             
          by the fact that separate and distinct assets were not acquired).           
               The facts and circumstances of each case must be examined to           
          determine whether an expense should be capitalized or currently             
          deducted.  See INDOPCO, Inc. v. Commissioner, 503 U.S. at 86;               
          Deputy v. du Pont, 308 U.S. at 496; United States v. General                
          Bancshares Corp., 388 F.2d 184, 187-188 (8th Cir. 1968)                     
          (expenditures must be viewed "in context with the transaction in            
          which they are incurred to assess their proper                              
          characterization.").  A particular cost, no matter what its type,           
          may be deductible in one context but may be required to be                  



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