- 73 - I believe the facts noted below reflect the noncapital, ordinary and necessary nature of all of the salary and overhead expenses that are in issue herein and should control resolution of this fact issue. (1) The salaries ACC paid were routine, reasonable and recurring, and the amounts thereof, including increases and bonuses thereto, were tied to overall net company profits, not to the acquisition of specific installment loans. As the Supreme Court explained: Of course, reasonable wages [salaries] paid in the carrying on of a trade or business qualify as a deduction from gross income. * * * [Commissioner v. Idaho Power Co., 418 U.S. 1, 13 (1974); emphasis added.] (2) Generally, and for the most part, the specific benefits initially received by ACC from the services of its employees investigating proposed installment loans (namely, the receipt of information needed to review the creditworthiness of potential debtors on the installment loans) were exhausted or lost by ACC almost simultaneously with the receipt of the benefits (i.e., for various reasons the large majority of the proposed installment loans that were investigated and considered by ACC were abandoned within a day (majority op. p. 9)). In my opinion, this factPage: Previous 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Next
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