- 47 - authorities"12 that have construed the meaning of the terms "voting stock" and/or "voting power" for purposes of section 1504(a) and its predecessor provisions in the Internal Revenue laws support their position under section 1504(a)(1). According to petitioners, those cases and rulings consistently have defined "voting stock" as stock that has the right to vote in the election of directors and have measured a stock's "voting power" by reference to the voting power of the directors such stock elects. They have specifically not taken into account voting rights with respect to matters other than the right to vote in the election of directors, no matter how exten- sive such rights may be, and have never measured voting power other than by reference to the voting power of directors. * * * (We shall refer to the test that petitioners contend all perti- nent case law and rulings require us to apply in resolving the question presented under section 1504(a)(1) as the mechanical test.) According to petitioners, application of their mechanical test mandates the following conclusions: 12 The so-called "administrative authorities" on which petition- ers, as well as respondent, rely include various rulings, both published and private, that the IRS has issued. (We shall refer collectively to those rulings as rulings.) Revenue rulings are not regarded as precedent in this Court. They merely represent the position of the Commissioner of Internal Revenue (Commis- sioner) on a particular issue. Lucky Stores, Inc. and Subs. v. Commissioner, 105 T.C. 420, 433 (1995). However, the public generally has the right to rely on positions taken by the Commis- sioner in revenue rulings. Nissho Iwai Am. Corp. v. Commis- sioner, 89 T.C. 765, 778 (1987). Private letter rulings are not regarded as precedent in this Court, and the public may not rely on them. See sec. 6110(j)(3); Shelton v. Commissioner, 105 T.C. 114, 119 (1995).Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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