- 38 - otherwise deductible under that rule (in this case, the professional fees) after the issuance of that decision on November 6, 2001. U.S. Freightways Corp. is inconsistent with the decision of this Court, which it reversed, and with the decisions of other U.S. Courts of Appeals, which have held or suggested that expenses that give rise to property with a life extending beyond the taxable year in which the expense is incurred must be capitalized. See, e.g., Jack’s Cookie Co. v. United States, 597 F.2d 395, 402 (4th Cir. 1979); Am. Dispenser Co. v. Commissioner, 396 F.2d 137, 138 (2d Cir. 1968), affg. T.C. Memo. 1967-153; Sears Oil Co. v. Commissioner, 359 F.2d 191, 197 (2d Cir. 1966), affg. in part, revg. in part, and remanding T.C. Memo. 1965-39; Commissioner v. Boylston Mkt. Association, 131 F.2d 966, 968 (1st Cir. 1942), affg. a Memorandum Opinion of the Board of Tax Appeals. Those cases provide substantial justification for respondent’s attempt to capitalize the professional fees, despite the decision of the Court of Appeals in U.S. Freightways Corp. E. Timeliness of Respondent’s Concessions Respondent’s initial published guidance that he would no longer contest or litigate the deductibility of employee compensation (here, the loan origination/acquisition costs) appeared on March 15, 2002, with the issuance of CCN 2002-21, and his initial published guidance adopting the 12-month rulePage: 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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