Federal Home Loan Mortgage Corporation - Page 26

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          As previously stated, this Court has also equated the use of                
          borrowed money and interest with the use of property and rent.              
          See Albertson’s Inc. v. Commissioner, 95 T.C. at 421.                       
               Respondent argues that petitioner’s favorable financing                
          represents a “liability”, not an “asset”.  Respondent claims that           
          petitioner is “attempting to adjust, for tax purposes, the asset            
          side of its balance sheet to account for an overstatement in fair           
          market value terms of its liabilities.”  We cannot agree with               
          respondent’s proposed characterization of petitioner’s favorable            
          financing as a liability.  Indeed, as petitioner points out,                
          there is a valuable economic benefit associated with the below-             
          market interest rates on its financing arrangements as of January           
          1, 1985.  It is this economic benefit which petitioner claims as            
          an intangible asset and upon which it bases its claimed                     
          amortization deductions.                                                    
               Respondent appears to make the same argument that he made in           
          the context of the core deposits cases.  For example, in Peoples            
          Bancorporation & Subs. v. Commissioner, T.C. Memo. 1992-285,                
          respondent argued that core deposits are “liabilities” rather               
          than “property” for purposes of section 167 and the regulations             
          thereunder.  We rejected that argument, stating that “Similar               
          arguments were considered in Citizens & Southern Corp. v.                   
          Commissioner, 91 T.C. at 490 and 492.  These arguments simply               







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