David J. Lychuk and Mary K. Lychuk, et al. - Page 56




                                       - 53 -                                         
          States, 731 F.2d at 1184-1185 (court distinguished the credit               
          card cases by virtue of the fact that the expense of the taxpayer           
          before it created a separate and distinct asset).  Contrary to              
          petitioners’ assertion (and, as discussed infra, the view of the            
          Court of Appeals for the Third Circuit), we do not read any of              
          the credit card cases to hold that everyday, recurring expenses             
          are ipso facto deductible under section 162(a).  In fact, as this           
          Court observed in Iowa-Des Moines Natl. Bank v. Commissioner, 68            
          T.C. at 879, costs are entitled to deduction when they are                  
          “related to the active conduct of an existing business and * * *            
          [do] not create or enhance a separate and distinct asset or                 
          property interest.”  Nor do we understand the Supreme Court in              
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79 (1992), to have                  
          espoused the sweeping pronouncement proffered by petitioners as             
          to this issue.27                                                            
               Petitioners also rely on PNC Bancorp, Inc., v. Commissioner,           
          212 F.3d 822 (3d Cir. 2000), revg. 110 T.C. 349 (1998).  When               
          this case was tried, the Court of Appeals for the Third Circuit             
          had not yet released its opinion in that case, and petitioners              


               26(...continued)                                                       
          Court of Appeals for the Ninth Circuit adopted as the law of that           
          circuit the decision of the Tenth Circuit in Colorado Springs               
          Natl. Bank v. United States, 505 F.2d 1185 (10th Cir. 1974).                
               27 Nor do we read Bankers Dairy Credit Corp. v.                        
          Commissioner, 26 B.T.A. 886 (1932), to hold that salaries and               
          benefits are ipso facto deductible when they are recurring costs.           





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