- 18 - banks expect to retain for extensive lengths of time.” Respondent contends that “Petitioner has nothing comparable to a core group of depositors who, through their inertia and their focus on savings accumulation instead of market-based returns, are willing to leave funds on deposit at below-market rates for extended periods of time.” We agree with respondent that deposit base involves what we might term a “customer-based intangible”. See, e.g., sec. 197(d)(2)(B). However, we cannot agree that this effectively distinguishes the above cases. Indeed, the customer relationships in the cases involving core deposits formed the basis for the Commissioner’s objections to the taxpayer’s amortization deductions for deposit base. However, apart from a customer-based relationship, deposit base, like the favorable financing in the instant cases, involves a debtor-creditor relationship. Also, like petitioner’s favorable financing, core deposits represent a relatively low-cost source of funds, see Citizens & S. Corp. v. Commissioner, 91 T.C. at 465, which carry below-market interest rates, and which support the obligor’s financing of its profit-making activities. Also, in the same manner that an acquirer of a bank with an established deposit base would pay a premium for deposit base of the target bank, we believe that the hypothetical buyer would pay a premium for the acquisition of a company with below-market indebtedness.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011