- 33 - The benefits which ACC will reap from the installment contracts; namely, interest and excess principal income,17 will not be realized and exhausted within the year of payment. ACC will realize those benefits in each of the later years in which the interest and excess principal are received. Given the Supreme Court’s observation in INDOPCO, Inc. v. Commissioner, supra at 83-84, that our tax law endeavors to measure taxable income by allowing expenses to be deducted in the taxable year in which the related income is recognized, see also Newark Morning Ledger Co. v. United States, 507 U.S. 546, 565 (1993); Hertz Corp. v. United States, 364 U.S. 122, 126 (1960), it is only appropriate to defer ACC’s deduction of its payment of any expenses directly related to that interest or excess principal income to the years in which ACC recognizes the income.18 Only then will ACC’s taxable income be calculated more accurately for tax purposes than if ACC had deducted those expenses currently. We find instructive to our decision the case of Helvering v. Winmill, 305 U.S. 79 (1938), revg. 93 F.2d 494 (2d Cir. 1937), 17 We use the term “excess principal” to refer to the principal on the installment contracts that exceeded 65 percent of their face value. 18 The salaries and benefits were instrumental to the production of that income in that ACC would not have acquired any of the installment contracts without performing its credit analysis activities. In this regard, we disagree with the amicus representing FNMA that all of ACC’s salaries and benefits are indirect expenses to which sec. 263(a) does not apply in the first place.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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