David J. Lychuk and Mary K. Lychuk, et al. - Page 11




                                       - 100 -                                        
          however, arguing against what appears to be the rigid approach of           
          the majority that, if the taxpayer’s method of accounting for               
          overhead is to deduct all overhead that does not increase on                
          account of capital activities, such method of accounting clearly            
          reflects income and, thus, must be accepted by respondent.                  
               I can do no better than to close with the majority’s own               
          words:                                                                      
               In our minds, an expenditure that produces both a                      
               current and long-term benefit is neither 100 percent                   
               deductible nor 100 percent capitalizable.  Instead,                    
               regardless of whether the expenditure’s primary or                     
               predominant purpose is to benefit significantly the                    
               business’ current operation, on the one hand, or its                   
               long-term operation, on the other hand, the expenditure                
               is capital in nature to the extent that it produces a                  
               significant long-term benefit and deductible to the                    
               remaining extent.  * * *                                               
          Majority op. p. 61.                                                         
               WHALEN and BEGHE, JJ. agree with this concurring in part and           
          dissenting in part opinion.                                                 












               2(...continued)                                                        
          such acquisitions was that associated with the need to                      
          distinguish between acceptable and unacceptable risks; i.e., the            
          credit analysis activities.  Put simply, the hunt was essential             
          to the capture.                                                             





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