- 72 - SWIFT, J., concurring: Although I would go further than the majority and allow all of the salaries and overhead included in the so-called installment contract expenditures to be currently deductible, I do not dissent because I largely agree with the result reached by the majority and with the movement reflected therein away from the approach that would capitalize otherwise routine business expenses. In PNC Bancorp, Inc. v. Commissioner, 110 T.C. 349, 370 (1998), revd. 212 F.3d 822 (3d Cir. 2000), a case involving the treatment of salary expenses very similar to those involved herein (namely, salary expenses of credit institutions whose officers and employees, among other things, investigate the creditworthiness of potential borrowers), we concluded that a portion of the salary expenses should be “assimilated” into the capital costs of the loans that were approved. The Court of Appeals for the Third Circuit disagreed and held that the salaries and other expenses reflected “recurring, routine day-to-day business” activities that did not produce significant future benefits and therefore that the expenses were currently deductible. PNC Bancorp, Inc. v. Commissioner, 212 F.3d at 834. The Court of Appeals resolved not to expand the type of expenses that must be capitalized “so as to drastically limit what might be considered as 'ordinary and necessary' expenses.” Id. at 830.Page: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Next
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