Metrocorp, Inc. - Page 71




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          See Commissioner v. Lincoln Sav. & Loan Association, 403 U.S.               
          345, 354 (1971) (“It is not enough, in order that an expenditure            
          qualify as an income tax deduction * * * that it serves to                  
          fortify FSLIC’s [the predecessor of SAIF] insurance purpose and             
          operation”).                                                                
               What all this means is that, even if the majority’s                    
          characterization of the fees as insurance premiums is correct,              
          the fees nevertheless must be capitalized.  As I’ve already                 
          explained, ordinarily deductible expenditures must be                       
          capitalized, when they are incurred in connection with the                  
          acquisition of a capital asset.  More generally, however,                   
          insurance premiums that give rise to benefits extending beyond              
          the end of the taxable year must be capitalized, even if they are           
          not connected with the acquisition of a capital asset.  See                 
          Lincoln Sav. & Loan Association v. Commissioner, 51 T.C. 82, 94             
          (1968) (citing “long line of decisions by this Court holding that           
          prepaid insurance premiums are capital expenditures to be                   
          expensed over the years in which coverage is actually obtained”),           
          revd. 422 F.2d 90 (9th Cir. 1970), revd. 403 U.S. 345 (1971);               
          sec. 1.461-4(g)(8) Example (6), Income Tax Regs. (where taxpayer            
          pays premium in 1993 for insurance contract covering claims made            
          through 1997, period for which premium is permitted to be taken             
          into account is determined under the capitalization rules,                  








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