- 26 - We conclude that none of the internal administrative actions referred to by petitioners indicate a present intent to permit a deduction for loan origination/acquisition costs in the year incurred. Moreover, even if they did, those actions do not constitute “applicable published guidance” under section 7430(c)(4)(B)(ii), (iv), or “public guidance” under Rauenhorst v. Commissioner, supra. Therefore, none of those actions is sufficient to support the conclusion, or even raise a presumption, that respondent was not substantially justified in seeking to capitalize ACC’s 1996 through 1998 loan origination/ acquisition costs. C. Controlling Effect of the Courts of Appeals Decisions in PNC Bancorp and Wells Fargo Petitioners argue that, after the decisions in PNC Bancorp, Inc. v. Commissioner, 212 F.3d 822 (3d Cir. 2000), and Wells Fargo & Co. and Subs. v. Commissioner, 224 F.3d 874 (8th Cir. 2000), reversing this Court’s capitalization of employee salaries, respondent was improperly seeking to establish a split of authority in the U.S. Courts of Appeals by continuing to litigate the deductibility of the loan origination/acquisition costs. In support of that argument, petitioners cite section 7430(c)(4)(B)(iii), which requires that we “take into account whether * * * [respondent] has lost in courts of appeal[s] [sic] for other circuits on substantially similar issues”. Petitioners also cite two cases in which the Court of Appeals for the FifthPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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