- 30 - our decision in Lychuk) in litigating the deductibility of the loan origination/acquisition costs. Therefore, those cases do not require us to decide that respondent was not substantially justified in seeking to capitalize those costs. D. Controlling Effect of Rev. Rul. 99-23, the ANPRM, Announcement 2002-9, and U.S. Freightways Corp. 1. Rev. Rul. 99-23 Petitioners argue that respondent’s issuance of Rev. Rul. 99-23, 1999-1 C.B. 998, and his concession based on that ruling in Wells Fargo & Co. and Subs. v. Commissioner, supra, of the deductibility of the costs attributable to the “investigatory stage” of the transaction results in a presumption under section 7430(c)(4)(B)(ii) of no substantial justification for respondent’s litigating position with respect to the loan origination/acquisition costs. As noted supra note 11, Rev. Rul. 99-23, 1999-1 C.B. at 1000, classifies as an expense eligible for amortization as a startup expenditure under section 195 (and, in the context of a business expansion, as a deductible expense) “investigatory costs” that are “paid or incurred in order to determine whether to enter a new business and which new business to enter”. Although there is an undeniable similarity between the “investigatory costs” described in Rev. Rul. 99-23, supra, as eligible for amortization under section 195 and the credit analysis activities performed by ACC’s employees preparatory toPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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