- 55 - exit fee constituted anything other than a cost incident to the purchase and, therefore, a capital expenditure. Petitioner has failed to prove its entitlement to a deduction on account of payment of the exit fee pursuant to section 162(a). C. The Entrance Fee 1. Introduction The entrance fee is imposed by 12 U.S.C. section 1815(d)(2)(E)(iii) (Supp. I, 1988) in an amount to be determined by the FDIC. The FDIC is guided in making that determination as follows: in the case of a conversion transaction in which the resulting or acquiring depository institution is a Bank Insurance Fund member, the fee shall be the approximate amount which the Corporation calculates as necessary to prevent dilution of the Bank Insurance Fund, and shall be paid to the Bank Insurance Fund; 12 U.S.C. sec. 1815(d)(2)(E)(iii)(I) (Supp. I, 1989). With respect to transactions such as the purchase, regulations establish the amount of the entrance fee as “the product derived by multiplying the dollar amount of the entrance fee deposit base transferred from the Savings Association Insurance Fund member to the Bank Insurance Fund member by the Bank Insurance Fund ratio.” 12 C.F.R. sec. 312.4(c)(2) (1991). The term “entrance fee deposit base” is defined in 12 C.F.R. section 312.1(g) (1991) as follows: The term "entrance fee deposit base" generally refers to those deposits which the Federal Deposit Insurance Corporation, in its discretion, estimates toPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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