David J. Lychuk and Mary K. Lychuk, et al. - Page 72




                                       - 69 -                                         
               The amicus for FNMA concludes as to the salaries and                   
          benefits that capitalizing these costs will administratively                
          burden ACC.  We disagree.  It was ACC that identified these costs           
          for its auditors in order to capitalize the costs for financial             
          accounting purposes.  Contrary to the amicus’ assertion, under              
          the facts of this case, it is not “impossible” to identify the              
          portion of the salaries and benefits which are attributable to              
          each installment contract.35                                                
               We now turn to the PPM-related expenditures.  Respondent               
          determined and argues that ACC must capitalize these                        
          expenditures.  Respondent points to the fact that the repayment             
          of the Notes extended beyond the year of their issuance.                    
          Petitioners maintain that the PPM expenditures are currently                
          deductible.  Petitioners repeat many of the same arguments which            
          we have rejected as to the salaries and benefits, stressing their           
          assertion that ACC issued the Notes in order to obtain funds to             
          acquire installment contracts in the ordinary course of its                 
          business.  Petitioners also add, with citations to Bonded                   
          Mortgage Co. v. Commissioner, 70 F.2d 341 (4th Cir. 1934), revg.            
          and remanding 27 B.T.A. 965 (1933), and Franklin Title & Trust              
          Co. v. Commissioner, 32 B.T.A. 266 (1935), that financing                   

               35 The amicus also raises an issue as to whether ACC’s                 
          income was reflected clearly, within the meaning of sec. 446(b),            
          by its deduction of the salaries and benefits.  This issue was              
          not raised by the parties and is not before the Court.  We                  
          decline the amicus’ invitation to address it.                               





Page:  Previous  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  Next

Last modified: May 25, 2011