Golden Belt Telephone Association, Inc. - Page 13

                                         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.                                      









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