- 25 -
published in 2000", not specific guidance to taxpayers on any
particular issue. Petitioners’ suggestion that the inclusion of
loan origination costs in the list of planned projects was
intended to be an unambiguously favorable response to taxpayer
lobbying efforts to have the IRS treat those costs as deductible
in the year incurred is sheer speculation without support in the
record.
Petitioners also imply that they were improperly required to
“expend their resources” litigating the deductibility of loan
origination/acquisition costs while the IRS and Treasury
Department had meetings, in May, June, and July 2001, in
connection with the project that eventually led to the IRS’s
“change in litigating position” with respect to those costs. The
internal IRS and the IRS-Treasury Department meetings and
correspondence referred to in the case history report form
reflect efforts to reach a decision on the capitalization of
various types of expenses, including those at issue in the
consolidated cases, not the decision itself. In fact, the
discussions, between August 1, 2001, and January 10, 2002,
concerning the issuance of a “moratorium” on IRS examiners
capitalizing intangibles, pending issuance of regulations, were
aborted when it was decided to issue the ANPRM and “not impose a
moratorium on capitalization of intangibles in examinations”.
Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: May 25, 2011