Federal Home Loan Mortgage Corporation - Page 17

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          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”).                                                           





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