- 17 - Memo. 1994-300; Trustmark Corp. v. Commissioner, T.C. Memo. 1994- 184; Peoples Bancorporation v. Commissioner, supra; Colo. Natl. Bankshares, Inc. v. Commissioner, supra. In doing so, this Court and the Courts of Appeals have rejected the Commissioner’s argument that deposit base is not amortizable as a matter of law.7 We believe the cases involving core deposits support petitioner’s position that favorable financing is an intangible asset subject to amortization. Petitioner’s favorable financing is in many respects similar to the core deposits considered in the above cases. Like the core deposits in those cases, favorable financing involves the use of borrowed money at below- market rates. Like core deposits, below-market financing arrangements provide a less expensive means of generating income and contribute to the profitability of a business. Respondent claims that the cases involving core deposits are distinguishable because “The core deposits at issue were customer-based intangibles representing stable deposits that 7We also point out that the U.S. Supreme Court discussed our holding in Citizens & S. Corp. v. Commissioner, 91 T.C. 463 (1988), affd. 919 F.2d 1492 (11th Cir. 1990), favorably in its opinion in Newark Morning Ledger Co. v. United States, 507 U.S. 546, 561-562 (1993). See Trustmark Corp. v. Commissioner, T.C. Memo. 1994-184 (“the Supreme Court has cited Citizens & Southern Corp. with approval and has rejected respondent’s underlying legal argument that as a matter of law core deposits * * * are inseparable from goodwill/going concern value and thus nondepreciable”).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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