David J. Lychuk and Mary K. Lychuk, et al. - Page 81




                                       - 78 -                                         
               Although the majority would allow most of ACC’s salary                 
          expenses in issue to be currently deductible, I would go further            
          and hold all of such salaries to be currently deductible.                   
               I also am puzzled by the majority's different treatment of             
          salaries and overhead expenses.  I believe that on the particular           
          facts of this case both salaries and overhead expenses should               
          receive consistent treatment and, as indicated, be fully                    
          deductible.                                                                 
               The concluding comments made by the Court of Appeals for the           
          Third Circuit in PNC Bancorp, Inc. v. Commissioner, 212 F.3d at             
          835, reflect much of my thinking on the issue before us.  I quote           
          a portion thereof:                                                          

               we find the case before us today to be much farther                    
               from the heartland of the traditional capital                          
               expenditure (a “permanent improvement or betterment”)                  
               than are the scenarios at issue in INDOPCO and Lincoln                 
               Savings.  We will not mechanistically apply phrases                    
               from those precedents in ignorance of the realities of                 
               the facts before us.  We see no principled distinction                 
               between the costs at issue here and other costs                        
               incurred as “ordinary expenses” by banks.  [Id.]                       


















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