David J. Lychuk and Mary K. Lychuk, et al. - Page 53




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                    In order to determine whether an allocation of                    
               officers’ salaries to an acquisition-transaction such                  
               as made here qualifies as a deduction from income or                   
               should be capitalized, the taxing authorities should                   
               require the taxpayer to show officers’ time devoted to                 
               the acquisition as compared to time spent on regular                   
               work during a particular and relevant time period.                     
               The finding made by the tax court here does not justify                
               capitalization of the officers’ salaries.  [Id. at 889-                
               890 (Bright, J., concurring).]                                         
               We do not believe that our view as to the salaries and wages           
          at hand is inconsistent with the Court of Appeals for the Eighth            
          Circuit’s view as to the salaries at issue in Wells Fargo & Co. &           
          Subs., supra.  The cases are factually distinguishable.  There,             
          some of Davenport’s 82 officers spent a portion of their time               
          performing services on a capital transaction; apparently, it was            
          a relatively small portion, since the total salary attributable             
          to work performed on the transaction by all of the officers was             
          $150,000.  The services which they performed as to the capital              
          transaction were extraordinary in the daily course of their                 
          employment, and the capital transaction was extraordinary to                
          their employer’s business.  They would have been paid the same              
          salaries regardless of whether the transaction was consummated.             
               Here, by contrast, each of the disputed employees spent a              
          significant portion of his or her time (in fact, in 8 of the 15             
          cases, all of his or her time) working on capital asset                     
          acquisitions which occurred in the ordinary course of ACC’s                 









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