- 39 - 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 The ruling has not been revoked, modified, or obsoleted, nor has the law changed.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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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