David J. Lychuk and Mary K. Lychuk, et al. - Page 38




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          not entitle him to take a deduction contrary to this provision.”            
          Helvering v. Winmill, 305 U.S. at 84.                                       
               Petitioners argue that Helvering v. Winmill, supra, is                 
          irrelevant.  Petitioners recognize that the taxpayer in the                 
          Winmill case, similar to petitioners here, relied on a provision            
          in the regulations that provided specifically that compensation             
          paid in the ordinary course of business qualified as a deductible           
          expense.  Petitioners distinguish the Winmill case by noting that           
          another provision in those regulations provided specifically that           
          “commissions paid in purchasing securities are a part of the cost           
          price of such securities.”  Regs. 77, art. 282 (1932).                      
          Petitioners conclude that the Supreme Court’s holding in the                
          Winmill case rested solely on the presence of the second                    
          provision and assert that no similar provision exists here to               
          preclude explicitly its deduction of the salaries and benefits.             
          Petitioners also note that the instant facts are different than             
          Winmill in that ACC is not a securities dealer, the installment             
          contracts are not securities, and none of the installment                   
          contracts expenditures are commissions.                                     
               We disagree with petitioners’ assertion that Helvering v.              
          Winmill, supra, is irrelevant.  We, like the Supreme Court in the           
          Winmill case, focus on a specific, longstanding position set                
          forth in the Treasury regulations to conclude that the salaries             
          and benefits must be capitalized even though, in a different                






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