Automotive Fleet
MenuMENU
SearchSEARCH

Ed Bobit's Publisher's Page

During a week's period in late November, two branches of the U.S. government individually dealt our industry cataclysmic blows that will surely change your business lifestyle and delivered a specific shock to fleet and consumer lessors that will reverberate for months to come. It all came quite unexpectedly.

Ed Bobit
Ed BobitFormer Editor & Publisher
January 1, 1983
3 min to read


Any change in whatever direction for whatever reason is strongly to be deprecated.-Anonymous: credited to "a Duke of Cambridge," quoted, by Adlai Stevenson, Harper's Magazine, February 1956.

The art of progress is to preserve order amid change and to preserve change amid, order.-Alfred North Whitehead

Ad Loading...

Progress is a nice word. But change is its motivator and, change has its enemies.-Robert F. Kennedy

Man has a, limited biological capacity for change. When this capacity is overwhelmed, the, capacity is in future shock.-Alvin Toffler




During a week's period in late November, two branches of the U.S. government individually dealt our industry cataclysmic blows that will surely change your business lifestyle and delivered a specific shock to fleet and consumer lessors that will reverberate for months to come.


It all came quite unexpectedly. Our associations, our management leaders, the Washington attorneys, all failed to identify the impending decisions. Leasing companies were collectively enjoying either record or near-record years with new car prices remaining steady, interest rates continuing their fall to workable levels and the used car market as strong as the Merrill- Lynch bull. Then, almost simultaneously, the Ninth Circuit Court reversed a lower court's decision, in the now-infamous Swift Dodge case, ruling in essence that a consumer open-end lease was nothing more than a conditional sales contract. And, in a separate action influenced by the Swift Dodge Ruling, the Internal Revenue Service ruled that Section 210 of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) would disallow any investment tax credits on finance (open-end) leases for business and commercial usage.

Ad Loading...


Most industry veterans had felt that a "true" (finance) lease had been successfully defended some two decades ago in the Motorlease case. These new implications are sure to produce a major restructuring in almost every lessor's financial and operating procedure for national fleet lessors as well as local retail leasing departments (the exception being a small group currently in closed end leasing). Two nights ago, Bill Nurnberg, WVLA's manager, told his membership to tear up every open-end leasing application in their office and not to write another one. AALA officers and the nation's leading lessors are having "summit" meetings to determine both new direction and to assess the best possible method to change what has happened.


What it may mean is a total switch to closed-end leases. Corporate lessees must virtually forget about removing the vehicles from their financial statement (just after all fleet lessors made the adjustment to "operating leases" during the past year) and get used to earning the ITC and the depreciation. Lessors will have to be very innovative to be more than a "management" lessor performing buying and selling functions. And lessors will have to totally readjust their own service fee and profit packages. Some lessors, like Dresser and CC/McCullagh who have huge tax appetites, may fare much better than those who depend heavily on huge deferred tax credits. Cashflush companies like General Electric may move into both fleet and consumer leasing as never before. Large and small consumer lessors ask what they can do when it is the individual lessee who gets the ITC; what can that individual actually do with the accelerated cost depreciation? How much will the IRS really gain when they shift the tax credits to the lessee but, on the other hand, lose the Use and Rental taxes in many states? It's all devastating and diametrically opposed to the intent of TEFRA.


Although there is one more appeals court to review the Swift Dodge case, there will be intense all-out efforts to change this with the IRS before January 24th (their date for comments). You can help by contacting your own leasing organization.


Do it now; it may be your last chance to view an industry as we know it today. It won't be that way tomorrow.

Subscribe to Our Newsletter

More Operations

A blue Automotive Fleet graphic representing the weekly AF News Recap series.
Operationsby Faith HowellMay 4, 2026

From Waffle House to AI: Fleet Trends You Need to Know

In this AF news recap, host Faith Howell covers how Waffle House stepped up during disaster response and new AI tech on the market.

Read More →
OperationsApril 30, 2026

Fleet Operations in the Age of AI: Navigating Ethical and Legal Challenges

AI is no longer a future concept for fleets—it’s already embedded in the tools, data, and decisions that operators rely on every day. In this episode of the Fleet Forward Podcast, recorded live at Fleet Forward, industry leaders take the conversation beyond hype to examine what responsible AI adoption really looks like in fleet operations.

Read More →
OperationsApril 30, 2026

Factory Installed vs. Aftermarket: Choosing the Right Telematics Path & Managing the Data

As fleets rethink how they capture, manage, and act on vehicle data, telematics is at a major inflection point. In this episode of the Fleet Forward Podcast, we dive deep into one of the most pressing questions facing fleet leaders today: Should you rely on OEM factory-installed connectivity, aftermarket devices, or a hybrid of both?

Read More →
Ad Loading...
OperationsApril 30, 2026

What Real-Time Data Reveals About EV Cost, Performance, and Scalability

Experts from telematics analytics, fleet-as-a-service operations, and national EV benchmarking share how real-time data is reshaping fleet strategy—dispelling assumptions, validating best practices, and exposing costly missteps.

Read More →
OperationsApril 30, 2026

Planning Through Policy Shifts: What Fleets Must Track in 2026

A powerhouse panel featuring experts from the American Automotive Leasing Association, CalSTART, and municipal fleet leadership dives into the realities of navigating shifting emissions rules, regulatory waivers, federal agency actions, the future of the EPA’s endangerment finding, and the push for unified standards. They also examine the impacts of tariffs, autonomous vehicle policy, battery innovation, and the accelerating global EV market.

Read More →
OperationsApril 30, 2026

Managing Market Turbulence with Strategic Fleet Insights

This episode kicks off with a deep dive into the technologies and market forces reshaping today’s fleet landscape. Host Chris Brown is joined by Laolu Adeola (Leke Services), Tyson Jomini (J.D. Power), and Richard Hall (ZappiRide) to break down real-world data, shifting incentives, and practical strategies fleet leaders can use right now.

Read More →
Ad Loading...
Clipboards with flooded cars in background.
Disaster Responseby Chris BrownApril 30, 2026

Adapting Fleet Policy When Disasters Strike

In the middle of natural disasters fleet managers must shift priorities to protect people and assets. What policy items should be loosened, and when should the line be held?

Read More →
OperationsApril 24, 2026

EV Reality Check: How Fleets Are Managing Policy Shifts, Safety, and Scaling Challenges

In this episode, fleet leaders from municipal, university, and private-sector organizations share a candid EV reality check. From infrastructure setbacks and policy whiplash to grant funding, total cost of ownership, and charging resiliency, this conversation dives into what it actually takes to scale electrification in the real world.

Read More →
2019 Automotive Fleet Hall of Fame inductees Joe LaRosa Bob Miesen Bud Morrison Theresa Ragozine portraits
Operationsby StaffApril 21, 2026

Fleet Hall of Fame Honorees Through the Years

A running list of the fleet industry’s most influential leaders, recognized for their lasting impact on commercial fleet management.

Read More →
Ad Loading...
Operationsby Chris BrownApril 20, 2026

2026 Salary Survey: Six-Figure Fleet Manager Salaries Become the Norm

After a decade of lagging compensation, fleet manager pay is climbing. But expanding responsibilities, larger fleets, and growing complexity continue to redefine the role.

Read More →