- 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.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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