- 20 - 2000), and Wells Fargo & Co. and Subs. v. Commissioner, 224 F.3d 874 (8th Cir. 2000), in determining whether respondent’s present position seeking to capitalize ACC’s loan origination/acquisition costs and professional fees was substantially justified. Petitioners argue that respondent was not substantially justified in litigating his position before “finally conceding” after “two years had past [sic] since the PNC and Wells Fargo circuit court decisions.” (3) Because respondent did not concede the loan origination/acquisition costs and professional fees issues until June 10, 2002, which was months after the issuance of the ANPRM, Announcement 2002-9, 2002-1 C.B. 536, and CCN 2002-21, and years after the issuance of Rev. Rul. 99-23, 1999-1 C.B. 998,13 respondent “did not follow * * * [his] own published guidance, [and, therefore, he] must meet a higher standard of proof to rebut the presumption [of no justification] created by * * * [section] 7430(c)(4)(B)(ii) * * * [, which he] has not met”. B. Respondent’s Arguments 1. Loan Origination/Acquisition Costs Capitalization is substantially justified by the Court’s decision in Lychuk v. Commissioner, supra, which upheld the Commissioner’s capitalization of costs identical to those at issue in the consolidated cases; i.e., employee salaries and 13 See supra note 11.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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