- 34 - position is entitled to less deference because she has changed her position.2 See Priv. Ltr. Rul. 86-31-005 (Apr. 23, 1986). The courts have been inconsistent on this point. See, e.g., Bell Fed. Sav. & Loan Association v. Commissioner, 40 F.3d 224, 229 (7th Cir. 1994) (citing National Muffler Dealers Association v. United States, 440 U.S. 472 (1979)), for an expression of the contrary view.3 Where I come out on all this is that the policy underlying the QTIP rules supports petitioner's position in the case at hand, there are reasonable interpretations of section 2056(b)(7)(B)(i) and (ii) that support petitioner's position, and the QTIP rules deserve a liberal interpretation that will uphold that position. We properly leave to another day whether to uphold the Commissioner's regulation to the contrary, section 20.2056(b)-7(d)(3), Estate Tax Regs. When we face that question, we should find it a much closer question under Chevron 2The use of private letter rulings in this fashion erodes the statutory prohibition of sec. 6110(j)(3) on the use or citation of private rulings as precedent. I'm concerned that such use will have a stultifying effect on the private rulings process. 3The infrequency with which the Supreme Court has cited INS v. Cardoza-Fonseca, 480 U.S. 421 (1987), in recent years, especially for the changed-position doctrine, where the Court seems more likely to disregard it, see Stutson v. United States, U.S. , 116 S. Ct. 600 (1996); Lawrence v. Chater, U.S. , 116 S. Ct. 604 (1996); cf. Thomas Jefferson Univ. v. Shalala, 512 U.S. , , 114 S. Ct. 2381, 2388 (1994); Good Samaritan Hosp. v. Shalala, 508 U.S. 402, (1993), 113 S. Ct. 2151, 2161 (1993), would seem to indicate that Cardoza-Fonseca is moribund, except, perhaps, in the immigration area that gave birth to it, see Franklin v. INS, 72 F.3d 571 (8th Cir. 1995); Zhang v. Slattery, 55 F.3d 732 (2d Cir. 1995).Page: 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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