- 56 - 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 distinguishedPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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