- 48 - 1988 and 1989 temporary regulations; the 1994 final regulations, although different from the temporary and proposed regulations, were therefore valid. However, taxpayers could not have concluded, on the basis of the silence of the 1992 proposed regulations, that the Commissioner had in fact changed that rule. Our cases interpreting another large and detailed set of legislative regulations-–the consolidated return regulations–- provide another example of how the standards of fairness instruct us to interpret the Commissioner’s silence in the case at hand. We have held that the Commissioner is bound by the consequences flowing from the silence (or the express terms) of the consolidated return regulations, even when those consequences are arguably at odds with larger tax principles or the statute as a whole. See Woods Inv. Co. v. Commissioner, 85 T.C. 274 (1985) (literal application of consolidated return regulations binding, even though result was allegedly a double deduction for the taxpayer); Gottesman & Co. v. Commissioner, 77 T.C. 1149 (1981) (refusal to “fill in the gaps” regarding imposition of accumulated earnings tax on corporations filing consolidated returns). Our opinion in Gottesman & Co. v. Commissioner, supra, is particularly instructive. Gottesman & Co. also considered the effect of the Commissioner’s silence, following the withdrawal of regulations favorable to the taxpayer. In Gottesman & Co., we considered whether the taxpayer (the common parent of anPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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