- 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’sPage: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
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