Norwest Corporation and Subsidiaries, Successor in Interest to Davenport Bank and Trust Company and Subsidiaries - Page 22




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               Nor does our reading of section 195 support a contrary                 
          conclusion.  Recently, in FMR Corp. & Subs. v. Commissioner,                
          supra, we addressed the applicability of section 195 in a context           
          analogous to the setting at hand, holding that section 263(a)               
          required that the taxpayer capitalize the costs which it incurred           
          in developing and launching 82 new regulated investment companies           
          (RIC's).  The costs were incurred in a series of activities                 
          starting with the development of the idea for the new RIC and               
          continuing with the development of the initial marketing plan,              
          drafting of the management contract, formation of the RIC,                  
          obtaining the board of trustee's approval of the contract, and              
          registering the new RIC with the SEC and the States in which the            
          RIC would be marketed.  Id. at 413.  The taxpayer had argued that           
          section 195 allowed for the current deductibility of all these              
          costs because, it asserted, they were incurred in expanding an              
          existing business.  We disagreed.  We held that section 195 does            
          not require "that every expenditure incurred in any business                
          expansion is to be currently deductible."  Id. at 429.                      
               In sum, we hold that DBTC may not deduct any of the disputed           
          costs because all costs were sufficiently related to an event               
          that produced a significant long-term benefit.  Although the                
          costs were not incurred as direct costs of facilitating the event           
          that produced the long-term benefit, the costs were essential to            
          the achievement of that benefit.  We have considered all                    





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