- 14 - incurred on or after the date the final regulations are published in the Federal Register.” Sec. 1.263(a)-4(o), Proposed Income Tax Regs., 67 Fed. Reg. 77723 (Dec. 19, 2002). Internal IRS Developments The motions also reference a number of internal IRS documents released by respondent to petitioners in connection with July 1, 2002, Freedom of Information Act (FOIA) requests made by petitioners’ counsel. One of those documents is entitled “Case History Report Form, Internal Revenue Service – Office of Chief Counsel”; it further states: “Case name: Capitalization of Self-Created Intangibles Regulation” (case history report form). It traces the Chief Counsel’s and Treasury Department’s actions that resulted in the issuance of the proposed INDOPCO regulations. It reflects that, on May 7, 2001, Chief Counsel and Treasury Department officials met to discuss the scope of a proposed regulations project regarding capitalization of self- created intangibles and that, throughout the balance of 1991 and into January 1992, when the ANPRM was issued, there were numerous Chief Counsel – Treasury Department discussions. At first, when the discussions began on August 1, 2001, they were with regard to the issuance of “a moratorium on capitalization of intangibles in examinations pending issuance of regulations”. Beginning on January 10, 2002 (when “Treasury, the Chief Counsel, and Commissioner (LMSB) decided that guidance should take the form ofPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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