Trinova Corporation and Subsidiaries - Page 14

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          the time span element is also present in Example (3) where the              
          section 38 assets are transferred in a different taxable year and           
          the recapture of the investment tax credit is mandated.  The                
          contrast between these two examples highlights the fact that it             
          is what is transferred and not when the transfer occurs that is             
          significant.  Indeed, if timing was a significant element in                
          Example (5), one would think that respondent would have referred            
          to Example (5) and this element in Rev. Rul. 82-20, supra, and              
          thus provided the tax-paying public with notice of respondent's             
          restrictive interpretation of Example (5) rather than leaving               
          such interpretation to unarticulated alleged inference.  We do              
          not think the "assumption" referred to in the ruling, see supra             
          p. 9, constitutes a meaningful signal to this effect.                       
               In the foregoing context, the conflict between Rev. Rul. 82-           
          20, supra, and Example (5) becomes apparent.  The question then             
          becomes what, if any, weight we should give to Rev. Rul. 82-20,             
          supra.  We think the Courts of Appeals for the Second and Ninth             
          Circuits accorded the ruling undue weight and that revenue                  
          rulings play a lesser role than the language of the opinions of             
          those Courts of Appeals seems to indicate.  We see no purpose to            
          be served in engaging in a detailed discussion of the differences           
          in judicial articulation which can be found in this arena.  We              
          note, however, that the Court of Appeals for the Sixth Circuit,             
          to which an appeal herein will lie, has stated:                             






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