James E. Blasius and Mary Jo Blasius, et al. - Page 14

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          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 of           






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