Metrocorp, Inc. - Page 48




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          paid or incurred during the taxable year in carrying on any trade           
          or business”.  As pertinent to this case, section 1.162-1(a),               
          Income Tax Regs., states that, among items included in business             
          expenses, are “insurance premiums against fire, storm, theft,               
          accident, or other similar losses in the case of a business”.               
          Petitioner’s burden is to prove that the payments are not capital           
          expenditures as alleged by respondent in the notice.1  I believe            
          that petitioner has failed to carry that burden.  Specifically,             
          petitioner has not shown that, as to it, the exit fee is anything           
          other that a cost incident to the purchase, nor has it shown that           
          the entrance fee purchased an insurance benefit or, even if it              
          did, that such insurance benefit did not extend beyond the year             
          in which the purchase occurred.                                             
               B.  The Exit Fee                                                       
                    1.  Introduction                                                  
               The exit fee is imposed by 12 U.S.C. section                           
          1815(d)(2)(E)(i) (Supp. I, 1989), in an amount to be determined             
          jointly by the FDIC and the Secretary of the Treasury                       
          (Secretary).  See 12 U.S.C. sec. 1815(d)(2)(F) (Supp. I, 1989).             
          The origin of the exit fee requirement is section 206(a)(7) of              
          FIRREA.  With respect to transactions such as the purchase,                 



               1  On the basis of the notice and the pleadings, it is                 
          apparently respondent’s position that, if the payments are not              
          capital expenditures, they may be deducted as ordinary and                  
          necessary business expenses under sec. 162(a).                              





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