Metrocorp, Inc. - Page 72




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          because the contract is an asset having a useful life extending             
          substantially beyond the close of the taxable year).                        
               The entrance and exit fees were in addition to the                     
          semiannual premiums Metrobank paid to the BIF to insure the                 
          acquired deposits after the acquisition.  The fees were also                
          several times greater than the semiannual premiums, as a                    
          percentage of the acquired deposits.  See majority op. pp. 7-9,             
          21.6  The exit and entrance fees therefore resemble premium                 
          prepayments, which entitled Metrobank to insure the acquired                
          deposits with the BIF in future years.  This would support                  
          capitalizing the exit and entrance fees, even if they had no                
          connection with the acquisition of a separate asset.  See Herman            
          v. Commissioner, 84 T.C. 120 (1985) (one-time purchase of                   
          subordinated loan certificate, which entitled physician, upon               
          payment of annual premiums, to malpractice insurance coverage,              
          held capital investment; Commissioner conceded deductibility of             
          annual premiums).                                                           

               6 The third of the emphasized points in Judge Swift’s                  
          concurrence (Swift, J., concurring op. p. 31) compares the                  
          entrance and exit fees paid by Metrocorp to acquire the deposits            
          of Community with the regular semiannual premiums paid by                   
          Metrocorp on its total deposits, including both its own deposits            
          and the deposits of Community that it acquired.  Obviously, the             
          ratio of the entrance and exit fees to the regular semiannual               
          premiums would be much higher if the regular premiums paid by               
          Metrocorp on its own deposits are removed from consideration.               
          They should be so removed if the much more meaningful comparison            
          of the entrance and exit fees with the regular premiums on the              
          acquired deposits is to be made.                                            






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