David J. Lychuk and Mary K. Lychuk, et al. - Page 85




                                       - 82 -                                         
          percentages were 65 percent and 71 percent, respectively.  The              
          majority finds that “Each of the employees spent a significant              
          portion of his or her time working on credit analysis activities            
          * * * and, but for ACC’s anticipated acquisition of installment             
          contracts, ACC would not have incurred the salaries and benefits            
          attributable to those activities.”  Majority op. pp. 27-28.                 
          Absent evidence to the contrary, it would seem to follow                    
          logically that if ACC’s business operation had not included                 
          credit analysis activities, ACC would never have incurred the               
          overhead expenses attributable to those activities.                         
               The majority correctly states that the “overhead” expenses             
          would be capital in nature if they “originated” in ACC’s process            
          of acquiring installment contracts.  Majority op. p. 29.                    
          However, the majority reasons that the “overhead” expenses were             
          not directly related to the acquisition of installment contracts            
          because:                                                                    
               None of these routine and recurring expenses originated                
               in the process of ACC’s acquisition of installment                     
               contracts, nor, in fact, in any anticipated acquisition                
               at all.  ACC would have continued to incur most of                     
               these expenses in the ordinary course of its business                  
               had its business only been to service the installment                  
               contracts. * * *  [Id.]                                                
          There is nothing in the majority’s specific findings of fact to             
          support the conclusion that overhead expenses related to credit             
          analysis activities did not “originate” in the process of ACC’s             








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