Square D Company and Subsidiaries - Page 59

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          Corp. v. Commissioner, 33 T.C. 671 (1960) (loan acquisition costs           
          amortized over the life of a loan, regardless of the loan’s                 
          purpose or use of funds); Rev. Rul. 81-160, 1981-1 C.B. 312,                
          313.21  Respondent does not dispute this assertion; instead,                
          respondent’s sole argument is that the loan costs at issue are              
          Schneider’s, not petitioner’s, and accordingly petitioner may not           
          deduct them.22  Thus, the question before us is whether a                   

               20(...continued)                                                       
          indebtedness” and other stock reacquisition costs, exempting the            
          former from the prohibition on deductions.  Sec.                            
          162(k)(2)(A)(ii); see Fort Howard Corp. v Commissioner, 107 T.C.            
          187 (1996), supplementing 103 T.C. 345 (1994).  We assume the               
          amounts at issue would be exempted from sec. 162(k)(1)’s                    
          restrictions; in any event, neither party has raised this issue.            
               21 Rev. Rul. 81-160, 1981-1 C.B. 312, 313, states in                   
          pertinent part:                                                             
                    A loan commitment fee in the nature of a standby charge           
                    is an expenditure that results in the acquisition of a            
                    property right, that is, the right to the use of money.           
                    Such a loan commitment fee is similar to the cost of an           
                    option, which becomes part of the cost of the property            
                    acquired upon exercise of the option.  Therefore, if              
                    the right is exercised, the commitment fee becomes a              
                    cost of acquiring the loan and is to be deducted                  
                    ratably over the term of the loan.  See Rev. Rul.                 
                    75-172, 1975-1 C.B. 145, and Francis v. Commissioner,             
                    T.C.M. 1977-170.  If the right is not exercised, the              
                    taxpayer may be entitled to a loss deduction under                
                    section 165 of the Code when the right expires.  See              
                    Rev. Rul. 71-191, 1971-1 C.B. 77.                                 
               22 Petitioner asserts the loan costs in question are                   
          deductible in 1991, as opposed to amortizable over a longer                 
          period, because they relate solely to the Bridge Loan, which                
          lasted fewer than 12 months during 1991.  Respondent does not               
          contest this assertion or otherwise suggest that the payments               
                                                             (continued...)           






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