- 35 - the Commissioner. Rather, as noted supra, they describe “rules and standards” that the IRS and Treasury “expect to propose” (not final rules and standards), and they invite public comments “regarding those standards”. Although they suggest that a deduction for “all employee compensation” (which would include ACC’s loan origination/acquisition costs) might be proper, that approach is only one of several alternative approaches to the treatment of employee compensation suggested therein; and deductibility of ACC’s professional fees under the 12-month rule is, at best, unclear, as those costs are not among the costs specifically referred to as deductible when they fall within the 12-month rule. Moreover, to conclude that the ANPRM and Announcement 2002-9 constitute “applicable published guidance” under section 7430(c)(4)(B)(iv), binding on respondent with respect to the capitalization rules discussed therein, would be to negate the December 31, 2003, effective date provided in the final INDOPCO regulations and anticipated in the proposed regulations, a date that respondent has uniformly enforced in connection with requests to change to a method of accounting provided by the final regulations (and, in particular, by section 1.263(a)-4(f)(1), Income Tax Regs., which sets forth the 12-month rule). See Rev. Proc. 2004-23, sec. 2.07, 2004-1 C.B. 785, 786. Under section 7430(c)(4)(B)(iv), “notices” and “announcements” are included in the list of IRS pronouncementsPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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