- 70 - companies such as ACC may currently expense commissions connected to the issuance of long-term debt. We agree with respondent that the PPM expenditures are capital expenditures.36 As to each of petitioners’ arguments which we rejected above, we also reject them here as applied to the PPM expenditures for the reasons stated above. As to petitioners’ additional argument, we reject that argument as well. The fact that ACC incurred the PPM expenditures in borrowing funds means that the expenditures are capital expenditures and must be amortized over the life of the debt. See, e.g., Austin Co. v. Commissioner, 71 T.C. 955, 964-965 (1979); Enoch v. Commissioner, 57 T.C. 781, 794 (1972); Longview Hilton Hotel Co. v. Commissioner, 9 T.C. 180, 182-183 (1947); Lovejoy v. Commissioner, 18 B.T.A. 1179, 1181-1183 (1930); see also S. & L. Bldg. Corp. v. Commissioner, 19 B.T.A. 788, 795-796 (1930), revd. on other grounds 60 F.2d 719 (2d Cir. 1932), revd. sub nom. Burnet v. S. & L. Bldg. Corp., 288 U.S. 406 (1933); compare Anover Realty Corp. v. Commissioner, 33 T.C. 671, 675 (1960), wherein we stated: It is not the purpose for which the loan is made that is important. It is the purpose of the expenditure for loan discounts and expenses. That 36 In contrast with respondent, however, we allow ACC to deduct for 1994, under sec. 165(a), the portion of those expenditures that was attributable to the offering that was abandoned in that year. See Ellis Banking Corp. v. Commissioner, 688 F.2d at 1382.Page: Previous 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Next
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