34 incurred in acquiring an asset are capital expenditures); United States v. Hilton Hotels Corp., 397 U.S. 580 (1970) (fees paid to a consulting firm and the cost of legal and other professional services incurred in connection with appraisal proceeding to value shares of dissenting shareholders in merged corporation were capital expenditures). Credit reports, appraisals, and similar information about prospective borrowers are critical in deciding whether to make a loan. It is the basis on which banks make their credit risk management decisions. While the specific information available when a loan is made may become outdated in a relatively short period of time, the quality of the decision to make a loan (and thereby acquire an asset) is predicated on such information. The soundness of the decision to make a loan is assimilated into the quality and value of the loan. Thus, the direct costs of the decision-making process should be assimilated into the asset that was acquired. See Commissioner v. Idaho Power Co., 418 U.S. at 14 (held that construction-related depreciation cannot be currently deducted "rather, the investment in the equipment is assimilated into the cost of the capital asset constructed.") In Strouth v. Commissioner, T.C. Memo. 1987-552, the taxpayers were partners in several partnerships engaged in the business of purchasing and leasing office equipment to local companies and professional offices. Generally, the terms of these leases ranged from 3 to 5 years. The partnerships paid a corporation to perform services associated with the leasingPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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