- 16 - acquired in a purchase of a number of banks. The taxpayer sought to amortize the present value of the income that it expected to derive from the use of the core deposits which it had acquired in those transactions. The Commissioner argued that deposit base was not a separate and distinct asset from the goodwill of the acquired banks since deposit base involved terminable-at-will customer relationships. We held that deposit base represents an intangible asset subject to amortization under section 1.167(a)- 3, Income Tax Regs., where a taxpayer can prove that core deposits have an ascertainable value separate and distinct from the goodwill and going-concern value of the bank acquired: The evidence in the instant case establishes that the acquisition of core deposits was the primary reason petitioner purchased the Acquired Banks and that petitioner paid a premium in order to obtain the core deposits. In Banc One Corp. v. Commissioner, * * * [84 T.C. 476, 490 (1985)], we stated that “Often the assumption of the deposit liabilities, rather than the purchase of the assets, represents the economic purpose behind the acquisition of a bank.” These core deposits are a low-cost source of funds and are an important factor contributing to the profitability of a commercial bank. Moreover, the economic value attributable to the opportunity to invest the core deposits can be valued. The value is based solely upon the core deposits acquired in the purchase. * * * The value of deposit base rests upon the ascertainable probability that inertia will cause depositors to leave their funds on deposit for predictable periods of time. * * * [Id. at 498-500; fn. ref. omitted.] We have reiterated that holding in a number of cases following our holding in Citizens & S. Corp. See, e.g., IT&S of Iowa, Inc. v. Commissioner, supra; First Chicago Corp. v. Commissioner, T.C.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011