David J. Lychuk and Mary K. Lychuk, et al. - Page 82




                                       - 79 -                                         
               RUWE, J., concurring in part and dissenting in part:  I                
          agree with the majority’s legal analysis and its application of             
          that analysis to ACC’s expenditures for salaries and benefits               
          (hereinafter “salaries”) that were incurred in connection with              
          the acquisition of installment contracts.  The majority correctly           
          holds that the percentage of salaries related to credit analysis            
          activities must be capitalized.  However, the majority then holds           
          that “overhead” expenditures need not be capitalized.  I disagree           
          with the majority’s conclusion that the “overhead” expenses were            
          not directly related to the acquisition of installment contracts            
          because, in my opinion, that conclusion is inconsistent with the            
          majority’s specific findings of fact.                                       
               The following breakdown of specific expenditures appears on            
          page 11 of the majority’s findings of fact:                                 
                         Breakdown of Specific Expenditures                           
          1993                                                                        

          Salary                                     Percentage of Total Expenses  Amount
          And           Benefits                     Related to ACC’s Credit        In
          Employee         Wages   FICA  MESC/FUTA BC/BS Total Expense   Analysis Activities        Issue
          Steve Balan     $69,359 $4,504   $313   $4,062    $78,238              50                $39,119
          James Blasius    89,769  4,713    313    4,062     98,857              75                 74,143
          Cass Budzynowski 43,500  3,213    313    1,790     48,816             100                 48,816
          Hope McGee       16,248  1,216    313    3,692     21,469             100                 21,469
          Kelly            16,100  1,193    313    1,790     19,396             100                 19,396
          Stacey           10,280    767    313    2,086     13,446              75                 10,085
          245,256 15,606  1,878   17,482    280,222                                213,028
          Overhead Items                                                              
          Printing                                            9,412              75                  7,059
          Telephone                                          12,454              75                  9,341
          Computer                                           19,598              95                 18,618
          Rent                                               34,413              50                 17,207
          Utilities                                           5,162              50                  2,581
          81,039                                 54,806                               
          361,261                                267,832                              







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