- 19 - Carrington, Rev. Rul. 78-197, supra, or other cases upon which petitioners rely. With that being said and leaving Carrington and those other cases aside at this point, the bright-line test of Rev. Rul. 78-197, supra, which focuses solely on the donee’s control over the contributed property, stands in stark contrast to the legal test and the cases upon which respondent relies and which consider the donee’s control to be only a factor. We are convinced that respondent, in this case, is arguing against the principles which he states in Rev. Rul. 78-197, supra. In his memorandum in opposition to petitioners’ motion for partial summary judgment at 30, respondent argues: c. Revenue Ruling 78-197, 1978-1 C.B. 83, is not controlling in this case. Revenue rulings are not binding on respondent or the courts. Stubbs, Overbeck & Assoc., Inc. v. U.S., 445 F.2d 1142, 1147 (5th Cir. 1971). Moreover, Rev. Rul. 78-197, 1978-1 C.B. 83, is not controlling in this case for the very same reasons, stated above, that Carrington v. Commissioner is not controlling. Indeed, in Blake v. Commissioner, 697 F.2d at 480-481, the Second Circuit found that Rev. Rul. 78-197 does not apply to circumstances such as those in the present case, stating: More troublesome is the case of Palmer v. Commissioner, 62 TC 684 (1974), aff’d on other grounds, 523 F.2d 1308 (8th Cir. 1975), which held that even an expectation of a stock redemption would not warrant denying charitable contribution status. The Service, in Revenue Ruling 78-197, 1978-1, C.B. 83, acquiesced in Palmer, stating that it would treat redemption proceeds under facts similar to Palmer as income to the donor “only if the donee is legally bound or can be compelled by the corporation, to surrender the shares for redemption.” Id. The Service citedPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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