- 21 - 2002-30-004 (July 26, 2002).8 Moreover, the Commissioner has in a private letter ruling dismissed the statements made in Blake v. Commissioner, supra at 480-481, as “dicta”, and stated that “Rev. Rul. 78-197 remains in effect, however” despite the statements made in that case. See Priv. Ltr. Rul. 1994-13-020 (Apr. 1, 1994), which states in relevant part: In Rev. Rul. 78-197, 1978-1 C.B. 83, the Internal Revenue Service announced that it will treat the proceeds of a redemption of stock under facts similar to those in Palmer v. Commissioner, 62 T.C. 684 (1974), acq. on this issue 1978-2 C.B. 2, aff’d on another issue, 523 F.2d 1308 (8th Cir. 1976), 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. In Palmer the taxpayer-donor had voting control of both a corporation and a tax-exempt private foundation. Pursuant to a single plan, the taxpayer donated shares of the corporation to the foundation and then caused the corporation to redeem the stock from the foundation. In Blake v. Commissioner, 697 F.2d 473 (2nd Cir. 1982), the court, in dicta, questioned the Service’s acquiescence in Palmer in Rev. Rul. 78-197, suggesting that a mere understanding between the contributing shareholder and the charity concerning the fact that the contributed stock would be redeemed should be enough to treat the shareholder as having received redemption proceeds. Rev. Rul. 78-197 remains in effect, however. Although in the case at hand there is some expectation that C will sell the farm items at such 8Private letter rulings may be cited to show the practice of the Commissioner. See Rowan Cos., Inc. v. United States, 452 U.S. 247, 261 n.17 (1981); Hanover Bank v. Commissioner, 369 U.S. 672, 686-687 (1962); Estate of Cristofani v. Commissioner, 97 T.C. 74, 84 n.5 (1991); Woods Inv. Co. v. Commissioner, 85 T.C. 274, 281 n.15 (1985); Thurman v. Commissioner, T.C. Memo. 1998- 233.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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