- 51 - business.24 The employees were paid specifically to perform work as to the acquisitions, and the amount of the compensation that ACC paid to the employees hinged directly on the number of installment contracts that it acquired, e.g., at least some of the employees were entitled to receive a bonus in profitable years.25 Thus, whereas the officers in Wells Fargo & Co. & Subs., supra, performed the typical services of bank employees, services which could include work on a capital transaction as part of the bank’s business in general, ACC’s employees were hired and paid to perform services that necessarily would include work on capital asset acquisitions. The record here indicates specifically the portion of ACC’s total compensation that was directly related to ACC’s acquisition of the installment contracts, and, in accordance with Supreme Court precedent (as well as jurisprudence from the Second Circuit, Fifth Circuit, and this Court), we consider as capital expenditures that “proportion of the wages and salaries of employees who spend some of their working hours laboring on the acquisition”. Briarcliff Candy Corp. v. Commissioner, 475 F.2d at 781; see Commissioner v. Idaho Power Co., 418 U.S. at 13; see 24 Of the total compensation paid to the disputed employees in 1993 and 1994, 76 percent ($213,028/$280,222) and 65.4 percent ($273,212/$418,065), respectively, was attributable to the acquisition of installment contracts. 25 We also bear in mind the statement in ACC’s PPM discussed supra note 13.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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