David J. Lychuk and Mary K. Lychuk, et al. - Page 57




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          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 to              






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