David J. Lychuk and Mary K. Lychuk, et al. - Page 101




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          several thousand square feet.  There is, thus, no incremental               
          cost in adding a capital activity to space not fully occupied by            
          a noncapital activity.  Likewise, there is no decrement in cost             
          (once having added the capital activity) of completely                      
          subtracting the noncapital activity.  Must we conclude that the             
          rent still is not allocable to the capital activity?  The fact              
          that a taxpayer would incur the same overhead costs should it               
          discontinue a capital activity may only be evidence that it is              
          amenable to an economically inefficient use of space or                     
          equipment.  Short of adopting the accounting concept of direct or           
          variable costing as normative for Federal income tax purposes,              
          that does not seem to me a sufficient reason to foreclose any               
          capitalization of fixed overhead.  If the direct or variable                
          costing method is to be made normative for Federal income tax               
          purposes, that is a job for the Secretary or the Congress, not              
          for us.                                                                     
               Besides which, as Judge Ruwe points out, the majority has              
          made no specific findings of fact to support its conclusion that            
          ACC’s acquisition activities did not give rise to any incremental           
          overhead.  Indeed, petitioner has proposed the following finding            
          of fact:  “ACC’s payroll and overhead costs attributable to                 
          credit review and other tasks relating to contract acquisition              
          were not materially affected by whether any given installment               
          contract was ultimately acquired by ACC from a dealership.”                 






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