- 48 - 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).Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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