- 63 - 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.Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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