- 6 - on February 15, 2002 (discussed infra), respondent “should without inordinate delay, confess error and concede the instant cases in their entirety.” On April 19, 2002, Mr. Skinner informed Ms. Xenos that, in light of the March 15, 2002, issuance of Chief Counsel Notice 2002-21 (discussed infra), respondent would concede the deductibility of the loan origination/acquisition costs at issue in each of the cases (the loan origination/acquisition costs).8 Sometime previously, Mr. Skinner had been instructed by his superior, Division Counsel, Large and Mid-Size Business Division (LMSB), to contact Victoria Balacek, Senior Legal Counsel (LMSB), to confirm the office’s position with respect to the loan origination/acquisition costs. On April 19, 2002, Mr. Skinner learned from Ms. Balacek that a concession of the issue was appropriate in light of Chief Counsel Notice 2002-21. He then contacted Ms. Xenos. On May 29, 2002, Ms. Xenos again wrote Mr. Skinner, alleging that he was reneging in part on his promise to concede the costs at issue in the consolidated cases. Ms. Xenos requested that “any stipulated decision you propose for our consideration 8 Although petitioners argue that respondent did not concede the deductibility of the loan origination/acquisition costs and professional fees until June 10, 2002, they do not dispute Mr. Skinner’s affidavit stating that he informed Ms. Xenos of the concession on Apr. 19, 2002.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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