40 Petitioner's final argument is based on its observation that, following our opinion in Iowa-Des Moines Natl. Bank v. Commissioner, 68 T.C. 872 (1977), Congress has, on a number of occasions, enacted specific legislation regarding the income taxation of banks and other legislation that generally deals with the capitalization of the costs of acquiring certain types of assets,27 but has not availed itself of the opportunity to address the deductibility of loan origination costs. Petitioner argues that this, when coupled with the purported longstanding industry practice of currently deducting costs like those in issue, suggests that we should allow petitioner to continue to deduct loan origination costs unless Congress acts to deny such deductions. We disagree. Petitioner's argument presupposes that because Congress has not specifically addressed the deductibility of a particular item over the years, it must mean that Congress intends for that item to be currently deductible.28 Deductions, however, are matters of legislative grace and are strictly construed and allowed only when "'there is a clear provision therefor.'" INDOPCO, Inc. v. 27For example, the capitalization provisions of sec. 263A apply only to real and tangible personal property produced by the taxpayer or real or personal property which is acquired for resale. Sec. 263A does not apply to costs incurred by a financial institution in originating loans. Sec. 1.263A- 2(a)(2)(i), Income Tax Regs. 28Petitioner's argument also implies that we are somehow departing from our opinion in Iowa-Des Moines Natl. Bank v. Commissioner, 68 T.C. 872 (1977). However, as we explained supra p.27, the expenditures at issue in that case did not create or enhance a separate and distinct asset.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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