Norwest Corporation and Subsidiaries, Successor in Interest to Davenport Bank and Trust Company and Subsidiaries - Page 2




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               acts and omissions occurring before the transaction.                   
               The due diligence costs relate to services performed by                
               L in connection with N's due diligence review.  The                    
               disallowed officers' salaries were attributable to the                 
               transaction.                                                           
                    Held:  Sec. 162(a), I.R.C., does not let D deduct                 
               any of the disputed costs.                                             


               Mark A. Hager, John R. Kalligher, William K. Wilcox, and               
          Walter A. Pickhardt, for petitioner.                                        
               Jack Forsberg, for respondent.                                         

               LARO, Judge:  Norwest Corp. (Norwest) and Subsidiaries,                
          Successor in Interest to Davenport Bank and Trust Co. (DBTC) and            
          Subsidiaries, petitioned the Court to redetermine respondent's              
          determination of a $132,088 deficiency in DBTC's 1991                       
          consolidated Federal income tax.  Following petitioner's                    
          concessions, the only issue left to decide is whether section               
          162(a) allows DBTC to deduct investigatory costs, due diligence             
          costs, and officers' salaries which respondent determined were              
          attributable to an acquisition of DBTC.  We hold that DBTC may              
          not deduct any of these costs.  Unless otherwise stated, section            
          references are to the Internal Revenue Code in effect for the               
          subject year.  Rule references are to the Tax Court Rules of                
          Practice and Procedure.  Dollar amounts are rounded to the                  
          nearest dollar.                                                             








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