- 71 - 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,Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
Last modified: May 25, 2011