Estate of Milada S. Neumann, Deceased, Eric W. Shaw, Ancillary Administrator, C.T.A. - Page 8

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            We held that the absence of regulations did not preclude proper                            
            adjustments in respect of the tax benefit rule and went on to                              
            determine those adjustments in that case.  The rationale of our                            
            opinion was that section 58(h) was intended by Congress to                                 
            provide a basis for "how" the alternative minimum tax should be                            
            applied in order to take into account the tax benefit rule.                                
                  We reaffirmed our position as to the effect of the absence                           
            of regulations under section 58(h) in Breakell v. Commissioner,                            
            97 T.C. 282, 285 (1991), affd. in part, revd. in part without                              
            published opinion 996 F.2d 1231 (11th Cir. 1993); see also First                           
            Chicago Corp. v. Commissioner, 88 T.C. 663, 669 (1987), affd. 842                          
            F.2d 180 (7th Cir. 1988); cf. Estate of Hoover v. Commissioner,                            
            102 T.C. 777, 782 (1994), revd. on another issue 69 F.3d 1044                              
            (10th Cir. 1995), where we adopted a similar view in respect of                            
            the absence of regulations directed to be prescribed by the                                
            Secretary under section 2032A(g).                                                          
                  More recently, in H. Enters. Intl., Inc. v Commissioner,                             
            supra, we dealt with a situation comparable to that herein,                                
            involving the impact of the failure of the Secretary to issue                              
            regulations to prevent tax avoidance under section 7701(f) on the                          
            application of the limitations of sections 246A and 265(a)(2) to                           
            the interest on funds borrowed by one corporation and used by an                           
            affiliated corporation to purchase portfolio stock and tax-exempt                          
            securities.                                                                                




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