Golden Belt Telephone Association, Inc. - Page 14

                                         14                                           
               The Government relies upon the TAM4 and contends that it is            
          not bound by the subsequent FCC rulings.  In the first place, a             
          TAM is generally merely a "Letter Ruling" given to a specific               
          taxpayer based upon facts relating to that taxpayer.  It is not a           
          ruling of general application.  In Watts Copy Sys., Inc. v.                 
          Commissioner, T.C. Memo. 1994-124, the Court stated that "We                
          recognize that technical advice memoranda are not precedent."               
          Indeed, section 6110(j)(3) provides "Unless the Secretary                   
          otherwise establishes by regulations, a written determination may           
          not be used or cited as precedent."  Moreover, unlike a revenue             
          ruling, a TAM is not published in the Cumulative Bulletin.  It              
          certainly stands on an even weaker footing than a revenue                   
          ruling,5 which itself does not have the authority of a Treasury             
          regulation promulgated pursuant to section 7805.                            
               While it is true that the IRS need not follow decisions of             
          other agencies, the TAM's heavy reliance on the 1986 Detariffing            
          Order undermines the "authority" the IRS purports to give the               
          TAM.  Since the TAM relied on the 1986 Detariffing Order holding            
          that B & C services were mainly a "financial and administrative             
          service", the FCC's change of position upon more mature                     

               4 We note that the IRS has very recently issued another                
          technical advice memorandum, Tech. Adv. Memo. 97-22-006 (May 30,            
          1997), relating to the factual situation of a different taxpayer,           
          which would appear to muddy the waters further.                             
               5 However, the TAM involved herein may arguably be treated             
          as attaining a status equivalent to a revenue ruling by reason of           
          reference thereto in Notice 92-33, 1992-2 C.B. 363.  See supra p.           
          9.                                                                          



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011