The Coca-Cola Company, and Includible Subsidiaries - Page 43

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          section 1.936-6(b)(1) Q&A-12, Income Tax Regs., constitutes a               
          valid exercise of the Secretary's regulatory authority.  We                 
          conclude that Q&A-12 is the controlling provision in the instant            
          case.                                                                       
               E.  Exxon                                                              
               Respondent argues in the alternative that this Court's                 
          opinion in Exxon Corp. v. Commissioner, 102 T.C. 721 (1994),                
          provides an independent basis for denying the instant motion as             
          the application of Q&A-12 to the facts of the instant case would            
          cause absurd results.  Petitioner, citing Abdalla v.                        
          Commissioner, 647 F.2d 487, 497 (5th Cir. 1981), affg. 69 T.C.              
          697 (1978), contends that the plain and unambiguous meaning of a            
          provision may be overridden only in rare and exceptional                    
          circumstances where the result of giving the provision its plain            
          and unambiguous meaning would be so absurd as to "shock the                 
          general moral or common sense" and be against clear legislative             
          intent.                                                                     
               Petitioner argues that respondent's reliance on Exxon Corp.            
          v. Commissioner, supra, is misplaced, and that respondent is                
          essentially asking this Court to rewrite the applicable                     
          regulations.  We agree.  We find that Exxon Corp. is                        
          distinguishable from the instant case.                                      
               Exxon received a known and quantifiable amount of income               
          from sales of natural gas in 1979.  Exxon claimed a 22-percent              
          depletion allowance on an amount larger than the actual sales               




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