Metrocorp, Inc. - Page 69




                                       - 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.                






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