Metrocorp, Inc. - Page 58




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          the taxpayer had not shown to be commensurate with the actual               
          risks of loss for the years of payment.  We relied on INDOPCO,              
          Inc. v. Commissioner, 503 U.S. 79 (1992), to conclude that the              
          premium payments, the deduction of which we disallowed, created             
          significant future benefits for the taxpayer.  See Black Hills              
          Corp. v. Commissioner, 102 T.C. at 514.                                     
               It is a question of fact whether any premium payment creates           
          future benefits that rule out a current deduction.  The fact that           
          Congress intended an entrance fee adequate to insure nondilution            
          of the Bank Insurance Fund (sometimes, the Fund) is not, by                 
          itself, a sufficient fact to prove that its payment did not                 
          create a significant future benefit to Metrobank.  The Fund was             
          established by section 211 of FIRREA (adding, among other                   
          provisions, 12 U.S.C. sec. 1821(a)(5) (Supp. I, 1989)).  The Fund           
          was established by Congress for use by the FDIC to carry out its            
          insurance purposes.  See 12 U.S.C. sec. 1821(a)(4)(C) (Supp. I,             
          1989).  Initial funding of the Fund came from the Permanent                 
          Insurance Fund.  See 12 U.S.C. sec. 1821(a)(5)(B) (Supp. I,                 
          1989).  Additional funding was to come from annual assessments              
          (the annual assessments) against insured depository institutions.           
          See 12 U.S.C. sec. 1817(b)(1)(A) (Supp. I, 1989).  Congress                 
          established a designated reserve ratio for the Fund of 1.25                 
          percent of estimated insured deposits, or, if justified by                  
          circumstances that raise a significant risk of substantial future           






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