- 69 - There’s other evidence of petitioner’s awareness of the importance of that connection. In its brief, petitioner argued in the alternative that, if the fees were capitalized, they should be amortized over the life of the “core deposits” acquired from Community. See Brief for Petitioner at 24-25.5 Finally, respondent’s long-term benefit argument sufficiently raised the issue whether the fees were part of the cost of acquiring capital assets, as I explained supra pp. 64-65. Treating the Fees as Insurance Premiums Is Also Insufficient Even if I accepted the majority’s invitation to defer consideration of the asset acquisition “theory” to another day, I would still conclude that the fees must be capitalized. The majority assert that deduction is proper because any long-term benefit to Metrobank “is insignificant when weighed against the primary purpose for the payment of the fees.” Majority op. p. 20. According to the majority, that primary purpose was to 5 There is no occasion in the case at hand to consider petitioner’s alternative argument that, if the fees are capitalizable, petitioner is entitled to amortize them over a 10- year period; there is no evidence of useful life in the stipulated record. It does seem to me that amortization should probably be allowed over such useful life of the core deposits acquired as could be shown. See Citizens & Southern Corp. v. Commissioner, 91 T.C. 463 (1988), affd. without published opinion 900 F.2d 266 (11th Cir. 1990); see also First Chicago Corp. v. Commissioner, T.C. Memo. 1994-300; Trustmark Corp. v. Commissioner, T.C. Memo. 1994-184, and compare Field Serv. Adv. Mem. 2000-08-005 (Feb. 25, 2000), where, in a transaction similar to the case at hand, the taxpayer amortized the entrance and exit fees over a 10-year period for financial statement purposes.Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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