James E. Blasius and Mary Jo Blasius, et al. - Page 21

                                       - 21 -                                         
          benefits paid by ACC in connection with its loan origination/               
          acquisition activities.                                                     
               2.  Professional Fees                                                  
               Capitalization is “consistent with the capitalization                  
          arguments presented for the loan origination/acquisition and                
          offering expenses of ACC in [Lychuk].”  Respondent argues that              
          “the professional fees at issue were related to ACC’s securing a            
          line of credit with NBD Bank, N.A., and, thus, were similar to              
          the offering expenses incurred in securing the source of                    
          borrowing in Lychuk.”  Also, like the offering expenses                     
          capitalized in Lychuk, they established an intangible asset (a              
          line of credit) that “extended beyond the year in which the fees            
          were incurred.”                                                             
               3.  Timeliness of Respondent’s Concessions                             
                    a.  Loan Origination/Acquisition Costs                            
               Respondent’s April 19, 2002, concession that petitioners’              
          loan origination/acquisition costs for the audit years are                  
          deductible, just over 1 month after the issuance of CCN 2002-21,            
          on March 15, 2002 (wherein the IRS announced that it would no               
          longer seek to capitalize employee compensation related to a                
          capital transaction other than bonuses and commissions paid with            
          respect to the transaction), was timely.                                    









Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011