13 least in terms of B & C services, for over a decade without any Congressional action. In addition, the IRS itself relied heavily on the FCC 1986 Detariffing Order to craft its position. In Tech. Adv. Mem. 91-11-001, the FCC is the sole authority for the IRS' position that B & C services are not communication services. Id. In 1992, the FCC stated unequivocally that B & C services are "properly considered a communication service". In the Matter of Policies and Rule Concerning Local Exchange Carrier Validation and Billing Information for Joint Use Calling Cards, 7 FCC Rcd 3528, 3533 n.50 (1992). The Government's only direct authority for its contrary position in Tech. Adv. Mem. 91-11-001 was the FCC's 1986 Detariffing Order. In 1992 the FCC acknowledged that its prior position was incorrect. There is no authority in conflict with the latter FCC position. To be sure, we are called upon here to interpret the Internal Revenue Code, not some other statute. Nevertheless, in the context of the matter before us, there is nothing to indicate that the definition of "communication services" in section 501(c)(12) should be treated differently from "communication services" in the Communications Act. We hold that "communication services" in section 501(c)(12)(B) includes B & C services.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011