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regulations that may be promulgated at a later date and that may
provide a special rule”. (Emphasis added). The Court of Appeals
for the Third Circuit when discussing the same reserved provision
stated:
the Office of the Federal Register, Document Drafting
Handbook (1991), * * * describes “reserved” as “a term
used to maintain the continuity of codification in the
CFR” or “to indicate where future text will be added.”
Id. at 27. We find nothing in the precedent that * *
*[the taxpayer] cites to preclude the Commissioner from
using the term “reserved” in accordance with the
Document Drafting Handbook, rather than to connote the
absence of a substantive rule. [Connecticut Gen. Life
Ins. Co. v. Commissioner, 177 F.3d at 145.]
We see no reason to take a different view in this case. The
reserved paragraph as a general rule only indicates a place mark
in the regulation that is reserved to preserve continuity of
codification where the Department of the Treasury is considering
its position.
Petitioner, in its memorandum of law in support, seeks to
distinguish Connecticut Gen. Life Ins. Co. v. Commissioner,
supra, on the basis that unlike the facts in that case, in the
instant case, “the meaning ascribed to the Reserved Paragraph by
the Petitioner is unambiguously supported by numerous public
written statements of similarly affected taxpayers, and is not
contradicted in any of numerous public statements made by senior
Treasury Department and other governmental officials addressing
the issue”. Petitioner attached to its response to respondent’s
motion for judgment on the pleadings exhibits A through H. These
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