Metrocorp, Inc. - Page 31




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                    Under INDOPCO, direct and indirect (e.g.,                         
               overhead) costs that are similar to routine expenses                   
               incurred by a taxpayer in the ordinary and normal                      
               course of its business (e.g., salaries and insurance                   
               fees) need not be capitalized unless they directly                     
               relate to the acquisition, creation, or enhancement of                 
               a specific capital asset or unless they directly                       
               produce significant benefits to the taxpayer that                      
               accrue to the taxpayer in future years.                                

               Applying this statement of the INDOPCO capitalization test             
          to the fees involved in this case, it becomes clear that the fees           
          should be currently deductible.  Relevant aspects of the fees are           
          described on pages 18-24 of the majority’s opinion.  I would                
          emphasize that the fees --                                                  

               (1) Were paid to the FDIC, the Federal governmental                    
               agency which routinely supervises Metrobank in the                     
               normal course of its business, not to Community, the                   
               transferor of the deposit liabilities and not to third-                
               parties such as lawyers and financial advisers for a                   
               specific service necessary to consummate the conversion                
               transaction;                                                           
               (2) Were similar to other insurance fees that were                     
               routinely paid by Metrobank to the Federal government                  
               in the normal course of Metrobank’s banking business;                  
               (3) Both in amount paid per year ($71,518) and in the                  
               total cumulative amount paid over five years                           
               ($352,904), were generally less than Metrobank’s total                 
               regular insurance premiums paid into the FDIC funds in                 
               a single year (in 1993 and 1994, $465,046 and $463,583                 
               respectively, and in 1995, $322,245);                                  
               (4) Did not provide Metrobank with any additional                      
               insurance coverage with regard to its deposit                          
               liabilities (including those transferred from                          
               Community) and were not paid in lieu of the regular                    
               future annual insurance premiums due;                                  







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