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Suppose the taxpayer in INDOPCO had performed some of the services in connection with the takeover transaction itself in house. Would the regulations require those

Suppose the taxpayer in INDOPCO had performed some of the services in connection with the takeover transaction itself in house. Would the regulations require those expenses to be capitalized? See Reg. Section 1.263(a)-5(d)(1) and (2). Compare that situation with the taxpayer who pays an employee in connection with the construction of a new building. Is the difference in the results justified?

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