Thomas P. and Ermina A. Krukowski - Page 50




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               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...)           




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