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FWIW, in my memory of the Julia Hartman article, it was also mentioned something of the lines of "if you would enter into the arrangement regardless of the tax position (my emphasis) then you are not seen to be attempting to enter the arrangement purely for the tax benefit". So focusing on...

Are the banks less likely "now-a-days" to open a LOC to allow an investor just to capitalise their IP costs? That would put the kibosh on this sort of strategy. :(