Metrocorp, Inc. - Page 63




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               The majority advance three arguments for avoiding this                 
          seemingly inescapable conclusion.  First, the majority claim that           
          respondent “did not determine, and has declined to argue” that              
          the fees should be capitalized on the ground that they were                 
          incurred in connection with the acquisition of capital assets.              
          Majority op. p. 11.  Second, the majority assert that the fees              
          were paid to an insurer (the FDIC) in order to protect the                  
          “integrity” of the insurer’s reserves.  Majority op. pp. 19-22.             
          Third, the majority claim that the fees were deductible “cost               
          saving expenditures”.  Majority op. pp. 22-23.  None of these               
          arguments holds water.                                                      
               Costs Incurred in Connection With Asset Acquisitions Are               
               Capital                                                                
               Even normally deductible costs must be capitalized if they             
          are sufficiently related to the acquisition of a capital asset              
          (or to some other capital transaction).  As the Supreme Court               
          stated in Commissioner v. Idaho Power Co., supra at 13:                     
               Of course, reasonable wages paid in the carrying on of                 
               a trade or business qualify as a deduction from gross                  
               income.  * * * But when wages are paid in connection                   
               with the construction or acquisition of a capital                      
               asset, they must be capitalized and are then entitled                  
               to be amortized over the life of the capital asset so                  
               acquired.                                                              
          This Court has recently cited Idaho Power Co. to support the                
          holding that legal fees, like other expenditures that ordinarily            
          might qualify as currently deductible, must be capitalized if               







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