Barnett Banks, Inc. & Subsidiaries - Page 28




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          confusion and uncertainty to the law, while the statutory history           
          shows an intention by Congress to provide certain tax benefits to           
          savings and loan institutions while denying them to banks.  By              
          incorporating a definition or “meaning” into the statute,                   
          Congress attempted to draw the line, while recognizing that                 
          different terminology was used in different State laws and under            
          different State regulatory or supervisory structures.                       
               Petitioner’s strategic decision to expand its market share             
          in Florida was undertaken with the knowledge that the acquisition           
          of thrift institutions would require their conversion to banking            
          corporations under Florida law.  As the U.S. Supreme Court has              
          often stated:  “while a taxpayer is free to organize his affairs            
          as he chooses, nevertheless, once having done so, he must accept            
          the tax consequences of his choice, whether contemplated or                 
          not, * * * and may not enjoy the benefit of some other route he             
          might have chosen to follow but did not.”  Commissioner v. Natl.            
          Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).                
               Based on the statutory framework and relevant legislative              
          history, we conclude that a financial institution chartered as a            
          bank cannot meet the threshold requirements of section                      
          7701(a)(19).  Therefore, because Pinellas and Southwest were                
          chartered as banks under Florida law, petitioner is not entitled            
          to use the reserve method of accounting for bad debts under                 








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