- 26 - 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 simplyPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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