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          In affirming our decision, the Court of Appeals for the Sixth               
          Circuit held that the mere fact that the expenses were recurring            
          and otherwise deductible business expenses was not enough to make           
          the expenses deductible under section 162.  The court noted that            
          “Section 162 was primarily intended to cover recurring                      
          expenditures where the benefit derived from the payment is                  
          realized and exhausted within the taxable year” and that the                
          benefit from the expenses would not be exhausted within the year.           
          Stevens v. Commissioner, 388 F.2d at 300; accord Perlmutter v.              
          Commissioner, 44 T.C. at 403-405 (taxpayer required to capitalize           
          portion of salaries, utilities, insurance, depreciation, legal              
          and audit expenses, office expenses, and vehicle and truck                  
          expenses allocable to the construction of shopping center                   
          buildings).                                                                 
               We also are mindful of Wells Fargo & Co. & Subs. v.                    
          Commissioner, 224 F.3d 874 (8th Cir. 2000), affg. in part and               
          revg. in part Norwest Corp. v. Commissioner, 112 T.C. 89 (1999).            
          There, a bank (Davenport) entered into a transaction with another           
          bank (Norwest) that resulted in Norwest’s owning all the stock of           
          an entity of which Davenport was a part.  Following the                     
          taxpayer’s concession that section 263(a) required that Davenport           
          capitalize the costs which were directly related to the                     
          transaction, we were left to decide whether section 162(a)                  
          allowed Davenport to deduct investigatory costs of $87,570, due             
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