David J. Lychuk and Mary K. Lychuk, et al. - Page 55




                                       - 52 -                                         
          also Cagle v. Commissioner, 539 F.2d at 416; Perlmutter v.                  
          Commissioner, 44 T.C. at 404.                                               
               Petitioners are mistaken when they assert that established             
          jurisprudence provides that section 162(a) always allows a                  
          taxpayer to deduct the everyday, recurring costs of its business.           
          The primary cases upon which petitioners rely, i.e., the credit             
          card cases, did not merely rest on facts that the costs at issue            
          there were everyday and recurring in nature.  All of those cases            
          involved costs which were incurred in the businesses’ startup               
          phase and which did not produce any separate or distinct asset.             
          In Colorado Springs Natl. Bank v. United States, 505 F.2d at                
          1192, for example, the Court of Appeals for the Tenth Circuit               
          noted that "The start-up expenditures here challenged did not               
          create a property interest.  They produced nothing corporeal or             
          salable."  Similarly, in First Natl. Bank of South Carolina v.              
          United States, 558 F.2d at 723, the Court of Appeals for the                
          Fourth Circuit noted that “Membership in ASBA is not a separate             
          and distinct additional asset created or enhanced by the payments           
          in question.”  Likewise, in Iowa-Des Moines Natl. Bank v.                   
          Commissioner, 68 T.C. at 879, we noted that the costs "did not              
          create or enhance a separate and distinct asset or property                 
          interest."26  Cf. Central Tex. Sav. & Loan Association v. United            

               26 In First Security Bank of Idaho, N.A. v. Commissioner,              
          592 F.2d 1050 (9th Cir. 1979), affg. 63 T.C. 644 (1975), the                
                                                             (continued...)           





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