- 97 - 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 ofPage: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
Last modified: May 25, 2011