David J. Lychuk and Mary K. Lychuk, et al. - Page 59




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          disagreed with both of these findings.  The Court of Appeals                
          focused primarily on the everyday meaning of the word “ordinary”            
          and, without any reference to Helvering v. Winmill, 305 U.S. 79             
          (1938), and with only a passing reference to Commissioner v.                
          Idaho Power Co., 418 U.S. 1 (1974), which the Court of Appeals              
          cited for the proposition that capitalization prevents the                  
          distortion of income in the case of depreciable property,                   
          concluded that the loan origination costs were ordinary business            
          expenses for purposes of section 162(a) because the costs were              
          normal and routine to the business of a bank.  See PNC Bancorp,             
          Inc., v. Commissioner, 212 F.3d at 828-829, 834-835.  The court             
          saw no meaningful distinction between PNC’s loan origination                
          costs and the costs incurred as "ordinary expenses" by banks in             
          general.  The court stated that PNC’s deduction of the loan                 
          origination costs would not distort its income because it                   
          incurred those costs regularly.  See id. at 834-835.                        
               The Court of Appeals for the Third Circuit also stated that            
          PNC’s costs did not create any separate and distinct asset within           
          the meaning of Commissioner v. Lincoln Sav. & Loan Association,             
          403 U.S. 345 (1971).  Unlike the assets in Lincoln Sav. & Loan              
          Association, which were not used by the taxpayer in its everyday            
          business, PNC used its loans as part of its everyday business.              
          The Court of Appeals distinguished the respective assets in the             
          cases by this fact.  The Court of Appeals also distinguished                






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