- 37 - amended petition, respondent denied petitioner’s entitlement to the deduction. OPINION I. Loan Commitment and Legal Fees In its amended petition, petitioner asserted entitlement to a deduction in 1991 for the $1,056,020 that Schneider billed petitioner that year to reimburse Schneider for paying the loan commitment fee.19 Also, petitioner claimed a deduction on its 1991 return for legal fees it paid to Rogers & Wells in that year. Respondent disputes petitioner’s entitlement to both. As a preliminary matter, we note that respondent has not suggested that these costs are typical acquisition costs, which must be capitalized as costs of the asset acquired. See, e.g., INDOPCO, Inc. v. Commissioner, 503 U.S. 79 (1992); A.E. Staley Manufacturing Co. & Subs. v. Commissioner, 105 T.C. 166 (1995), revd. and remanded 119 F.3d 482 (7th Cir. 1997). Petitioner asserts that the costs at issue are loan acquisition costs, which are capitalized as the cost of the loan and may be amortized over the life of the loan to which they relate.20 See Anover Realty 19 Petitioner paid Schneider’s invoice in 1993. 20 We note that, to the extent the loan commitment fee and related legal fees are treated as petitioner’s costs, they might be considered stock reacquisition costs, the deduction of which is generally prohibited under sec. 162(k)(1). However, sec. 162(k) expressly distinguishes between “amounts properly allocated to indebtedness and amortized over the term of such (continued...)Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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