- 99 - That, of course, is not to say that overhead would not be materially affected if none of the contract acquisition activity were continued. VI. Conclusion I am not here arguing for a rigid rule, requiring allocation of overhead in all cases where overhead is related to a capital activity. See, e.g, Dunlap v. Commissioner, 74 T.C. 1377, 1426 (1980) (no capitalization required for overhead where capital activity (acquisition of banks) was incidental to taxpayer’s principal business of holding and managing banks, revd. and remanded on another issue 670 F.2d 785 (8th Cir. 1982)).2 I am, 2 The majority states: “[W]e conclude that any future benefit that ACC realized from these expenses was incidental to its payment of them so as not to require capitalization”. Majority op. p. 30. The majority has failed, however, to explain or quantify that finding. Without the overhead, the acquisition activity would, at the least, have been substantially reduced. Judge Swift, in his concurring opinion, suggests that any benefit derived by ACC from both salaries and overhead associated with the credit analysis activities was incidental to ACC’s primary business activity: the holding of installment loans. He would, therefore, permit a current deduction for both. Judge Swift’s position is based upon his finding that any benefits associated with the credit analysis activities “were exhausted or lost by ACC almost simultaneously with the receipt of the benefits”; i.e., most of the installment loans were immediately rejected. Swift, J., concurring op., p. 73. He also views such activities as “investigatory activities” the costs of which are currently deductible. I believe that all of the credit analysis activities related to the purchased loans. Therefore, the costs of that activity should be capitalized. The acquisition of installment loans was an essential part of ACC’s business, and an unavoidable cost of (continued...)Page: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
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