35 activity, which included, among other things, securing potential leases, reviewing the lessee's application, checking the lessee's credit and trade references, and drafting lease documents. Id. We held that such expenditures were capital expenditures, because "they secure for the partnerships the right to receive benefits under each lease that last well beyond the taxable year of the expenditure." Id. Costs associated with the origination of the loans contribute to the generation of interest income and provide a long-term benefit that the banks realize over the lives of the underlying loans. The resulting stream of income extends well beyond the year in which the costs were incurred. It was this income benefit that was the primary purpose for incurring these expenditures.23 While the useful life of a credit report and other financial data may be of short duration, the useful life of the asset they serve to create is not. Therefore, like the appraisal costs in Woodward v. Commissioner, supra, and United States v. Hilton Hotels Corp., supra, the construction-related depreciation in Commissioner v. Idaho Power Co., supra, and the lease acquisition costs in Strouth v. Commissioner, supra, the 23Petitioner argues that because the banks used the loan application process as an opportunity to sell other services and products, the costs associated with that function are not capital expenses. Petitioner does not attempt to define which costs are related to loan origination and which are related to other selling costs. However, SFAS 91, par. 6 provides that the direct loan origination costs consist only of those costs related to activities "that would not have been incurred but for that loan." (Emphasis added.) Therefore, by definition, the costs at issue do not include additional selling expenses.Page: 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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