James E. Blasius and Mary Jo Blasius, et al. - Page 12

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               expenditure, or (ii) the end of the taxable year                       
               following the taxable year in which the expenditure is                 
               incurred.  [Id.]                                                       
          The list of described expenditures eligible for immediate                   
          deduction under the 12-month rule does not include an expenditure           
          for, or with respect to, a bank line of credit of the type                  
          acquired by ACC (the professional fees).  The ANPRM also advises            
          that, as one alternative approach designed “to minimize                     
          uncertainty and to ease the administrative burden of accounting             
          for transaction costs * * * [,] the rules could allow a deduction           
          for all employee compensation (including bonuses and commissions            
          that are paid with respect to the transaction)”.  Id. at 3464.              
               On February 15, 2002, the IRS issued Announcement 2002-9,              
          2002-1 C.B. 536 (originally published in 2002-7 I.R.B. 536),                
          which is identical to the ANPRM.                                            
               On March 15, 2002, the Chief Counsel, IRS, issued Chief                
          Counsel Notice (CCN) 2002-21, in which the Chief Counsel                    
          announced that the IRS would no longer “assert capitalization               
          under section 263(a) for employee compensation (other than                  
          bonuses and commissions that are paid with respect to the                   
          transaction), fixed overhead, or de minimis [under $5000] costs             
          related to the acquisition, creation, or enhancement of                     
          intangible assets or benefits.”                                             
               On December 19, 2002, the Treasury Department issued                   
          proposed regulations under section 263(a) (the proposed or                  






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