Federal Home Loan Mortgage Corporation - Page 24

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               Petitioner’s favorable financing is also comparable to an              
          interest in a favorable leasehold, which is without doubt an                
          asset.  Similar to petitioner’s favorable financing, an interest            
          in a favorable leasehold involves a lease obligation with a                 
          rental rate less than the current fair rental value of that                 
          particular interest.  “There is no question that a leasehold may            
          have a value in the hands of the lessee when the fair rental                
          value exceeds the rent established by the lease”, New Orleans La.           
          Saints v. Commissioner, T.C. Memo. 1997-246 (citing KFOX, Inc. v.           
          United States, 206 Ct. Cl. 143, 510 F.2d 1365, 1373-1374 (1975);            
          A.H. Woods Theatre Co. v. Commissioner, 12 B.T.A. 827 (1928)),              
          and, presumably, a hypothetical buyer would pay a premium to                
          obtain the lessee’s favorable position in the leasehold.  It is             
          this correlative value and premium which give rise to                       
          amortization deductions:                                                    
               A leasehold is an intangible asset that is gradually                   
               exhausted by the passage of time.  Its cost is                         
               recoverable ratably by way of amortization deductions                  
               over the period of exhaustion in the same manner that                  
               costs of tangible assets are recoverable by way of                     
               depreciation deductions.  Of course, the amortization                  

               12(...continued)                                                       
          status than deposit base.  For example, whereas deposit base                
          consists of deposit accounts which have no fixed termination date           
          and which are terminable-at-will, petitioner’s debt obligations             
          presumably have stated terms with fixed maturity dates.  See                
          Colo. Natl. Bankshares, Inc. v. Commissioner, 984 F.2d 383, 396-            
          397 (10th Cir. 1993) (the Commissioner attempted to distinguish             
          core deposits on the basis that those intangibles do not involve            
          fixed-term loans with a definite life span) affg. T.C. Memo.                
          1990-495.                                                                   





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