- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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