Metrocorp, Inc. - Page 24




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          especially true where, as is here, the fees relate solely to the            
          optional insurance of a liability and do not relate directly to             
          either a capital asset or to an income producing activity.  Cf.             
          INDOPCO, Inc. v. Commissioner, 503 U.S. at 83-84 (capitalization            
          generally required to match an expense with the income to be                
          generated therefrom).                                                       
               Respondent analogizes petitioner’s payment of the fees with            
          the purchase of a nontransferable membership interest, which,               
          respondent asserts, is a capitalizable expense.  According to               
          respondent, Metrobank’s membership interest in the BIF entitled             
          it to:  (1) A substantial reduction in future depository                    
          insurance premiums, (2) the right to insure all of its deposits             
          in a more stable insurance fund, and (3) the need to adhere to              
          only one regulatory scheme.  We disagree with respondent’s                  
          analogy.9  First, as mentioned above, respondent makes no                   
          assertion that Metrobank’s payment of either fee was related to             
          the purchase of a capital asset.10  Second, Metrobank was already           


               9 We recognize that title 12 uses the terms BIF member and             
          SAIF member to refer to the participants of those funds.  See,              
          e.g., 12 U.S.C. sec. 1813(d) (1994).  We do not understand                  
          Congress’ use of the word “member” to refer to a membership                 
          interest in the funds in the property sense of the word.  In                
          fact, respondent has not even made such an argument.                        
               10 In this regard, respondent relies incorrectly on                    
          Darlington-Hartsville Coca-Cola Bottling Co. v. United States,              
          273 F. Supp. 229 (D.S.C. 1967), affd. 393 F.2d 494 (4th Cir.                
          1968), and Rodeway Inns of Am. v. Commissioner, 63 T.C. 414                 
          (1974), to support his position herein.  The taxpayer in each of            
                                                             (continued...)           





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