- 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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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