PNC Bancorp, Inc. Successor to First National Pennsylvania Corporation, et al. - Page 33

                                         33                                           
          similar financial data lasts only a short period of time.21  We             
          do not find this evidence determinative of the issue before us.22           
               A bank obtains loan applications, credit reports and similar           
          data to evaluate a potential borrower's financial condition for             
          purposes of determining whether to make a loan.  When funds are             
          disbursed and a loan is created, the loan becomes a separate and            
          distinct bank asset.  Under the reasoning of Commissioner v.                
          Lincoln Sav. & Loan Association, 403 U.S. at 354, costs that                
          serve to create a loan, such as costs of credit reports and                 
          financial evaluations, are costs that must be capitalized and               
          amortized over the useful lives of those loans.  "The requirement           
          that costs be capitalized extends beyond the price payable to the           
          seller to include any costs incurred by the buyer in connection             
          with the purchase, such as appraisals of the property or the                
          costs of meeting any conditions of the sale."  Ellis Banking                
          Corp. v. Commissioner, 688 F.2d 1376, 1379 (11th Cir. 1982); see            
          also Woodward v. Commissioner, 397 U.S. 572 (1970) (ancillary               
          expenses, such as legal, accounting, and appraisal costs,                   


               21We note that some of the expenditures in issue were                  
          incurred in connection with the preparation and recording of                
          notes and security interests.  The rights created and secured by            
          these expenditures clearly remain in effect for the life of the             
          loan.  The record does not contain a breakdown showing the                  
          amounts of the various types of expenditures.                               
               22Although the short useful life of credit information was a           
          factor considered by the court in Iowa-Des Moines Natl. Bank v.             
          Commissioner, 592 F.2d 433 (8th Cir. 1979), affg. 68 T.C. 872               
          (1977), we found that the expenditures at issue in that case did            
          not create or enhance a separate and distinct asset or property             
          interest.  Therefore, Iowa-Des Moines Natl. Bank v. Commissioner,           
          supra, is distinguishable.                                                  


Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011