- 54 - took the view that our opinion there was inapplicable to this case because, they claimed, the cases were factually distinguishable. We held in PNC Bancorp, Inc., v. Commissioner, supra, that loan origination costs were capital expenditures. The Court of Appeals for the Third Circuit disagreed, holding that the costs were deductible expenses. Petitioners now assert that PNC Bancorp, Inc. is relevant to our inquiry. We do not believe that PNC Bancorp, Inc. v. Commissioner, supra, is so factually distinguishable from the instant case to support contrary results. Although the cases are obviously distinguishable by virtue of the fact that PNC (as defined below) was a loan originator and ACC is a loan acquirer, we do not believe that this bare distinction is meaningful enough to support contrary results in the cases, especially given the Supreme Court’s statements in Commissioner v. Idaho Power Co., supra at 12-13, to the effect that the creation of an asset is subject to the same set of capitalization rules as the acquisition of an asset. Given the additional fact that the Court of Appeals for the Third Circuit disagreed with our view as to the rules of capitalization applicable to the loan origination costs in PNC Bancorp, Inc., we believe it appropriate to reconsider our opinion there in light of the contrary view set forth by the Court of Appeals for the Third Circuit in reversing our decision. We have carefully done so, giving due regard toPage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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