PNC Bancorp, Inc. Successor to First National Pennsylvania Corporation, et al. - Page 29

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          and Part IX (which includes section 261 and following, relating             
          to items not deductible) of the Internal Revenue Code.  The Court           
          held that the priority-ordering directives of sections 161 and              
          261 require that the capitalization provision of section 263(a)             
          take precedence over section 162(a).  Commissioner v. Idaho Power           
          Co., supra at 17.  Section 161 provides that "In computing                  
          taxable income under section 63, there shall be allowed as                  
          deductions the items specified in this part, subject to the                 
          exceptions provided in part IX".  As the Supreme Court explained:           

               The clear import of � 161 is that, with stated                         
               exceptions set forth either in � 263 itself or provided                
               for elsewhere (as, for example, in � 404 relating to                   
               pension contributions), none of which is applicable                    
               here, an expenditure incurred in acquiring capital                     
               assets must be capitalized even when the expenditure                   
               otherwise might be deemed deductible under Part VI.                    
               [Commissioner v. Idaho Power Co., supra at 17; emphasis                
               added.]                                                                

          And, as the Supreme Court more recently observed:                           

               The notion that deductions are exceptions to the norm                  
               of capitalization finds support in various aspects of                  
               the Code.  Deductions are specifically enumerated and                  
               thus are subject to disallowance in favor of                           
               capitalization.  See �� 161 and 261.  Nondeductible                    
               capital expenditures, by contrast, are not exhaustively                
               enumerated in the Code; rather than providing a                        
               "complete list of nondeductible expenditures," Lincoln                 
               Savings, 403 U.S., at 358, * * * � 263 serves as a                     
               general means of distinguishing capital expenditures                   
               from current expenses.  See Commissioner v. Idaho Power                
               Co., 418 U.S., at 16.  * * *  For these reasons,                       
               deductions are strictly construed and allowed only "as                 
               there is a clear provision therefor."  [INDOPCO, Inc.                  
               v. Commissioner, 503 U.S. at 84.]                                      






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