David J. Lychuk and Mary K. Lychuk, et al. - Page 87




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          fixed costs.6  Approximately 75 percent7 of the printing and                
          telephone costs were attributable exclusively to ACC’s credit               
          analysis activities.  Ninety-five percent of the expenses for               
          computers were related exclusively to ACC’s credit analysis                 
          activities during the years in issue.  One can only wonder how              
          the majority would have treated computer expenses if 100 percent            
          of such expenses were allocable to ACC’s credit analysis                    
          activities.                                                                 
               The majority provides no legal basis for distinguishing                
          between expenditures for salaries and expenditures for “overhead”           
          expenses.  Indeed, the majority correctly states that overhead              
          expenses “are capital in nature to the extent that they                     
          originated in ACC’s acquisition process, or, in other words, were           
          directly related to ACC’s anticipated acquisition of installment            
          contracts.”  Majority op. p. 29.  Therefore, my disagreement with           
          the majority is based on what I view as the logical disconnect              
          between the majority’s specific findings of fact and the                    
          majority’s rationale for concluding that the “overhead” expenses            




               6The majority notes a variation in printing, telephone, and            
          computer costs from one year to another but does not identify the           
          cause.  See majority op. pp. 29-30.                                         
               7For 1993, 75 percent of printing and telephone costs were             
          attributable to ACC’s credit analysis activities.  For 1994, 75             
          percent of printing costs and 60 percent of telephone costs were            
          attributable to ACC’s credit analysis activities.                           





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