Metrocorp, Inc. - Page 57




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          the next FDIC premium assessment.”  The majority concurs:  “[W]e            
          understand the entrance fee to be paid for the current year’s               
          insurance.”  Majority op. pp. 21-22.                                        
               Neither petitioner nor the majority has convinced me that              
          the entrance fee was a deductible insurance premium.  Therefore,            
          I do not believe that petitioner has carried its burden of                  
          showing that payment of the entrance fee meets the prerequisites            
          for a deduction under section 162(a).                                       
                    3.  Discussion                                                    
               Certain business-related insurance expenses unquestionably             
          are deductible under section 162(a).  See, e.g., sec. 1.162-1(a),           
          Income Tax Regs., discussed supra in sec. III.A.  Not all                   
          business-related, annual insurance premiums, however, are                   
          deductible under section 162(a).  See, e.g., Commissioner v.                
          Lincoln Sav. & Loan Association, 403 U.S. 345 (1971) (disallowing           
          deduction for “additional premiums” (prepayments of future                  
          premiums) paid by taxpayer to Federal Savings and Loan                      
          Association); Commissioner v. Boylston Mkt. Association, 131 F.2d           
          966 (1st Cir. 1942) (disallowing deduction for prepaid insurance            
          premiums), affg. a Memorandum Opinion of this Court dated                   
          November 6, 1941.  In Black Hills Corp. v. Commissioner, 101 T.C.           
          173 (1993), Supplemental Opinion at 102 T.C. 505 (1994), affd. 73           
          F.3d 799 (8th Cir. 1996), we disallowed deductions for those                
          portions of annual premiums paid for black lung insurance that              






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