David J. Lychuk and Mary K. Lychuk, et al. - Page 36




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          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.                                                                





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