31 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."Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011