David J. Lychuk and Mary K. Lychuk, et al. - Page 66




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          property and (2) concerns the permanent improvement or betterment           
          of that property.  Petitioners also contend that the installment            
          contracts are ordinary (and not capital) assets in the hands of             
          ACC.  Second, they assert that the salaries and benefits are                
          expansion costs as to an existing business which, they contend,             
          are deductible under a line of cases including PNC Bancorp, Inc.,           
          v. Commissioner, 212 F.3d 822 (3d Cir. 2000); Briarcliff Candy              
          Corp. v. Commissioner, 475 F.2d at 781; Bankers Dairy Credit                
          Corp. v. Commissioner, 26 B.T.A. 886 (1932); and the credit card            
          cases.  Petitioners also point to the following excerpt from the            
          legislative history under section 195:                                      
               In the case of an existing business, eligible startup                  
               expenditures do not include deductible ordinary and                    
               necessary business expenses paid or incurred in                        
               connection with an expansion of the business.  As under                
               present law, these expenses will continue to be                        
               currently deductible.  [H. Rept. 96-1278, at 11 (1980),                
               1980-2 C.B. 709, 712.]                                                 
                                                                                     
          Third, they assert that the salaries and benefits did not                   
          generate a future benefit to ACC.  They contend that the salaries           
          and benefits are not directly related to the acquisition of any             
          specific installment contract.  They contend that the salaries              
          and benefits were predecisional expenses which generated                    
          predominately short-term benefit.  They contend that the salaries           
          and benefits did not themselves generate future income but only             
          allowed ACC to decide whether it would acquire an installment               
          contract.                                                                   






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