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Such a clarification in the regulations would serve to effectuate congressional intent that the reasonable cause exception be applied in an evenhanded and fair manner.
The courts have been slightly more receptive to the deductibility of reorganization expenses incurred to effectuate a tax-free divisive reorganization.
That DHCR would actually seek to fully effectuate legislation that is generally perceived as being pro-owner is a clear indication that the rules of the game are changing.
The sale leaseback is one vehicle that can enable credit-worthy companies to effectuate these changes.