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