- 64 - they are incurred “in connection with” the acquisition of a capital asset. See American Stores Co. & Subs. v. Commissioner, 114 T.C. 458, 469 (2000). But see Wells Fargo & Co. & Subs. v. Commissioner, 224 F.3d 874, 885-888 (8th Cir. 2000) (distinguishing expenditures directly related to capital transactions from expenditures indirectly related to such transactions), affg. in part and revg. in part Norwest Corp. & Subs. v. Commissioner, 112 T.C. 89 (1999). Respondent Sufficiently Raised Asset Acquisition Issue According to the majority, respondent failed to argue that the exit and entrance fees were connected with Metrobank’s asset acquisition; we should therefore defer consideration of this “theory” to another day. Majority op. p. 11. I disagree. Although respondent didn’t specifically argue that the fees were paid to acquire Community’s assets and deposits, respondent did argue that the fees created significant long-term benefits for Metrobank. The presence of significant long-term benefits is relevant to the case at hand because it serves to distinguish payments that result in the acquisition of capital assets from those that don’t. See sec. 263 (cost of “permanent improvements or betterments” must be capitalized); INDOPCO, Inc. v. Commissioner, supra at 87-88 (long-term benefit is an undeniably important and prominent, if not predominant, characteristic of a capital asset within the meaning of section 263, in part citingPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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