David J. Lychuk and Mary K. Lychuk, et al. - Page 90




                                       - 87 -                                         
          under that law (and those principles), indirect costs (including            
          overhead) are often required to be capitalized.  (3) To the                 
          extent the majority distinguishes directly related from                     
          indirectly related costs, it seems to be saying that fixed costs            
          are period costs because they are only indirectly related to any            
          capital expenditure.  That is also not an accurate statement of             
          current law (and accounting principles) that often require                  
          absorption or full costing methods of accounting for fixed costs.           
          (4) The majority has ignored the proper mode of analysis, which             
          is to determine whether ACC’s accounting for overhead clearly               
          reflects its income.                                                        
          II.  Agreement of the Parties                                               
               The parties agree that the amounts identified by the                   
          majority as ACC’s installment contract expenditures were                    
          “related” to ACC’s credit analysis activities.  Apparently, they            
          agree that overhead was related to ACC’s credit analysis                    
          activities because items such as the telephone and computers                
          facilitated ACC’s obtaining of credit reports and screening of              
          credit histories.  In turn, the credit reports and case histories           
          assisted ACC’s employees in determining that any particular                 
          installment contract presented a sufficiently low expectation of            
          nonperformance to justify its purchase.  ACC treated the                    
          installment contract expenditures (including overhead)                      
          disparately for financial accounting and Federal income tax                 






Page:  Previous  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  Next

Last modified: May 25, 2011