- 31 - ACC’s purchase of any installment contract, we find that respondent’s refusal to concede the deductibility of the loan origination/acquisition costs in light of Rev. Rul. 99-23, supra was substantially justified. Respondent does not address the relevance of Rev. Rul. 99- 23, 1999-1 C.B. 998, to the deductibility of the loan origination/acquisition costs in his objection to the motions. He does, however, address the applicability of that ruling to costs incurred in connection with the acquisition of credit card receivables in an IRS field service advice memorandum to the Associate Area Counsel (LMSB), Philadelphia (Field Service Advice 200136010 (Sept. 7, 2001)) (the FSA), which we assume expresses respondent’s position on that issue.14 The costs in question are described as “expenses of determining whether to acquire certain loans, and which loans to acquire”, a description that resembles the credit analysis activities of ACC’s employees. In the FSA, respondent concludes that “no expression of congressional intent, and neither * * * [section] 195 nor its legislative history, suggest [sic] that costs of investigating the acquisition of a specific capital asset are currently deductible”. Respondent concludes that “the holdings in Rev. Rul. 99-23 are not 14 Although they have no precedential status, field service advice memoranda may be cited as an expression of the Commissioner’s position. See Rhone-Poulenc Surfactants & Specialities, L.P. v. Commissioner, 114 T.C. 533, 543 (2000), appeal dismissed and remanded 249 F.3d 175 (3d Cir. 2001).Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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