- 59 - losses, a higher percentage, up to 1.50 percent. 12 U.S.C. sec. 1817(b)(1)(B)(i) (Supp. I, 1989). Assessment rates were fixed for an initial period that might extend to 1995 (0.12 percent of insured deposits for the year in question). 12 U.S.C. sec. 1817(b)(1)(C) (Supp. I, 1989). However, with restrictions, the FDIC could increase rates if necessary to restore the Fund’s ratio of reserves to insured deposits to its target level. 12 U.S.C. sec. 1817(b)(1)(C)(iv) (Supp. I, 1989). Any assets of the Fund in excess of 1.25 percent of insured deposits are treated as a supplemental reserve, which assets, if the supplemental reserve is no longer needed, are to be distributed to Fund members (but earnings on those assets are to be distributed annually). See 12 U.S.C. sec. 1817(b)(1)(B)(iii) (Supp. I, 1989). Finally, assessment income in excess of amounts necessary to maintain the designated reserve ratio is to be credited against the Fund member’s assessment for the following year. See 12 U.S.C. sec. 1817(d) (Supp. I, 1989). Clearly, the annual assessment system for the Fund designed by Congress contemplates continued participation by insured depository institutions. There are multiperiod aspects to the system that raise questions as to the extent of the deductibility of even the annual assessments. The assessment system established by Congress is detailed and complex. The majority has made little reference to it. The entrance fee required of Metrobank was assessed at a ratePage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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