- 38 - 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...)Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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