Cascade Designs, Inc. - Page 39




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          the Internal Revenue Service in published revenue rulings.                  
          Having made a concession in * * * [the revenue ruling], we                  
          believe respondent should be so bound."); ZuHone v. Commissioner,           
          T.C. Memo. 1988-142 (revenue rulings are not authority binding on           
          this Court, but they may, in certain circumstances, constitute an           
          admission or concession by the Commissioner), affd. 883 F.2d 1317           
          (7th Cir. 1989); see also Rev. Proc. 89-14, sec. 7.01(5), 1989-1            
          C.B. 814 (taxpayers generally may rely upon published revenue               
          rulings in determining the tax treatment of their own                       
          transactions).                                                              
               It is clear from Rev. Rul. 69-482, supra, that it is                   
          respondent's position that the tax consequences of transfers by             
          holders of patents to related persons that do not meet the                  
          requirements for capital gains treatment under section 1235 will            
          be determined under other sections of the Code.  The ruling has             
          not been revoked, modified, or obsoleted, nor has the law                   
          changed.  We, therefore, treat respondent's position in Rev. Rul.           
          69-482, 1969-2 C.B. 164, as a concession that the Leas are                  
          entitled to treat the payments as long-term capital gains from              
          the sale or exchange of the patents if they can establish that              
          they meet the factual requirements of the ruling.  Since we have            
          found that they meet those requirements, the Leas are entitled to           
          long-term capital gain treatment of all the patent payments in              
          issue.                                                                      






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