Metrocorp, Inc. - Page 2




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               continued to use S to insure the assumed deposit                       
               liabilities.                                                           
                    Held:  M’s payment of the fees produced no                        
               significant future benefit to M that would require                     
               capitalization of either fee.                                          
                                       OPINION                                        
               James R. Walker and Charles L. Mastin II for petitioner.               
               Jennifer L. Nuding, for respondent.                                    

               LARO, Judge:  The parties submitted this case to the Court             
          without trial.  See Rule 122.  Respondent determined deficiencies           
          of $15,288, $14,372, and $14,375 in petitioner’s respective                 
          taxable years ended October 31, 1993, 1994, and 1995.  Following            
          concessions, we must decide whether petitioner may deduct the               
          exit and entrance fees which its subsidiary, Metrobank, paid to             
          the Federal Deposit Insurance Corporation (FDIC) with respect to            
          a “conversion transaction” under 12 U.S.C. sec. 1815(d)(2)(B)(iv)           
          (1994).  We hold it may.1  Unless otherwise indicated, section              
          references are to the Internal Revenue Code applicable to the               
          relevant years.  Rule references are to the Tax Court Rules of              
          Practice and Procedure.                                                     
                                     Background                                       
               The parties have filed with the Court a stipulation of facts           
          and certain related exhibits.  We incorporate herein by reference           
          that stipulation of facts and those exhibits.  We find the                  


               1 Our holding renders moot the parties’ other dispute;                 
          namely, whether the fees, if capitalizable, are amortizable.                




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