- 50 - 4 See also Corn Belt Hatcheries of Arkansas, Inc. v. Commissioner, 52 T.C. 636 (1969). [Gottesman & Co. v. Commissioner, 77 T.C. at 1157-1158.] Our opinion in Corn Belt Hatcheries of Arkansas, Inc. v. Commissioner, 52 T.C. 636 (1969) (cited in Gottesman & Co. at 1158 n.4), further supports interpreting any ambiguity in the 1992 proposed regulations in petitioners’ favor; it also addresses and downplays the role of the Commissioner’s subsequently asserted “clarification” in that interpretation. In Corn Belt Hatcheries of Arkansas, Inc., the taxpayer (a common parent corporation) arguably would have been permitted to file a separate return under the language of a revenue ruling. However, the taxpayer clearly would not have been able to do so under a subsequently published “clarification” of that language in another revenue ruling. In holding for the taxpayer we wrote: Petitioner interprets * * * [the first revenue ruling] to permit what its words seem to say * * *. We consider this interpretation a plausible one and we are not disposed to reject it by importing into the ruling the subsidiary qualification asserted by respondent. Taxpayers are already burdened with an incredibly long and complicated tax law. We see no reason to add to this burden by requiring them anticipatorily to interpret ambiguities in respondent’s rulings to conform to his subsequent clarifications, particularly in an area, such as consolidated returns, where Congress has placed such reliance on respondent’s expertise. * * * [Corn Belt Hatcheries of Arkansas, Inc. v. Commissioner, supra at 639-640.]19 19 Sec. 1.469-1T(g)(3)(iii), Temporary Income Tax Regs., 53 Fed. Reg. 5686, 5707-5708 (Feb. 25, 1988), further supports the interpretation that a shareholder did not participate in C (continued...)Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011