PNC Bancorp, Inc. Successor to First National Pennsylvania Corporation, et al. - Page 31

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               Furthermore, petitioner's fear of an "overly expansive"                
          application of section 263 is not warranted here.  It is clear              
          that the expenses at issue are directly related to the creation             
          of the loans.  Petitioner provides little, if any, explanation              
          regarding the method the banks employed in identifying the                  
          expenses associated with the origination of the loans.  However,            
          because the parties stipulated that the banks deferred the                  
          expenses at issue for financial accounting purposes in a manner             
          consistent with SFAS 91, we turn to the definitions contained               
          therein for such explanation.18                                             
               Generally, paragraph 5 of SFAS 91 requires that direct loan            
          origination costs "shall be deferred and recognized as a                    
          reduction in the yield of the loan".19  Paragraphs 6 and 7 of               
          SFAS 91 define what type of costs must be deferred and those                
          which are currently expensed:                                               

               6.   Direct loan origination costs of a completed loan                 
               shall include only (a) incremental direct costs of loan                
               origination incurred in transactions with independent                  
               third parties for that loan and (b) certain costs                      
               directly related to specified activities performed by                  
               the lender for that loan.  Those activities are:                       
               evaluating the prospective borrower's financial                        

               18We reiterate that SFAS 91 does not control the correct               
          characterization of the subject expenses.  We merely examine the            
          statement to define the nature of the costs at issue and how they           
          relate to the asset created.  Furthermore, we note that                     
          petitioner does not argue that the direct costs of the loans, as            
          reflected in the banks' financial accounting records, were                  
          inaccurately or improperly allocated.                                       
               19Paragraph 5 of SFAS 91 also requires that "Loan                      
          origination fees and related direct loan origination costs for a            
          given loan shall be offset and only the net amount shall be                 
          deferred and amortized."                                                    


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