- 12 - 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 orPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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