David J. Lychuk and Mary K. Lychuk, et al. - Page 52




                                       - 49 -                                         
               Indirectly, the payment of these salaries provided                     
               Davenport with a long term benefit.  [Wells Fargo & Co.                
               & Subs. v. Commissioner, 224 F.3d at 887-888.]                         
               Judge Bright wrote a concurring opinion in Wells Fargo & Co.           
          & Subs. to highlight the fact that the record did not allow for a           
          determination as to the portion of the salaries which were                  
          directly related to the transaction.  Judge Bright wrote:                   
               I write separately to emphasize that the record in this                
               case is inadequate to show that the portion of the                     
               salaries in question, $150,000, was directly or                        
               substantially related to the acquisition.  Moreover,                   
               the tax court’s findings of fact on this issue does not                
               address the direct or indirect relationship of the work                
               of the officers to the acquisition.  That finding                      
               recited:                                                               
                    During 1991, DBTC [Davenport] had 9                               
                    executives and 73 other officers                                  
                    (collectively, the officers).  John Figge,                        
                    James Figge, Thomas Figge, and Richard Horst                      
                    worked on various aspects of the transaction,                     
                    as did other officers.  None of the offices                       
                    were hired specifically to render services on                     
                    the transaction; all were hired to conduct                        
                    DBTC’s day-to-day banking business.  DBTC’s                       
                    participation in the transaction had no                           
                    effect on the salaries paid to its officers.                      
                    Of the salaries paid to the officers in 1991,                     
                    $150,000 was attributable to services                             
                    performed in the transaction.  DBTC deducted                      
                    the salaries, including the $150,000, on its                      
                    1991 Federal income tax return.  Respondent                       
                    disallowed the $150,000 deduction; i.e., the                      
                    portion attributable to the transaction.  * *                     
                    *                                                                 
                    This finding does not address whether some                        
               officers at any particular period of time devoted                      
               substantial work to the acquisition or whether the                     
               officers during the period of time in question only                    
               incidentally worked on the acquisition while doing                     
               regular banking duties.                                                






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