David J. Lychuk and Mary K. Lychuk, et al. - Page 73




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          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.                                                           





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