David J. Lychuk and Mary K. Lychuk, et al. - Page 100




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          related to those activities, and the Supreme Court cases would be           
          no bar to capitalization.  The question here is not whether the             
          overhead directly or indirectly relates to ACC’s credit analysis            
          activities; the question is whether ACC has proven that its                 
          method of accounting clearly reflects its income.  It has not.              
               D.  Majority’s Reasoning                                               
               Once the majority’s approach is stripped of the erroneous              
          notion that overhead can, without allocation, be identified to an           
          individual costing unit (e.g, a capital expenditure), what                  
          remains is an approach that says that, for Federal income tax               
          purposes, overhead need not be allocated to a costing unit when,            
          if that costing unit were eliminated, the overhead would still be           
          incurred.  Immediately, that approach raises analytic                       
          difficulties.  What if the overhead is incurred on account of two           
          costing units (one a capital expenditure and one not), and the              
          overhead would be incurred in the same amount if either (but not            
          both) were eliminated?  Why is the default rule that the overhead           
          is allocated in total to the noncapital expenditure?  Looked at             
          from a different perspective, what if there is not a linear                 
          relationship between the taxpayer’s business activities and                 
          overhead?  The relationship may be step-wise, so that the                   
          taxpayer’s business activities would have to increase by some               
          quantum before rent, for instance, would increase.  Assume, for             
          example, that office space may only be rented in blocks of                  






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