David J. Lychuk and Mary K. Lychuk, et al. - Page 75




                                       - 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.                                                     






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