- 25 - Secretary is not bound by his revenue rulings to be dictum. Indeed, the Court of Appeals for the Fifth Circuit, without mentioning Stubbs, subsequently rejected an argument by the Commissioner that he was not bound by his revenue rulings. Estate of McLendon v. Commissioner, 135 F.3d 1017 (5th Cir. 1998), revg. T.C. Memo. 1996-307; see also Silco, Inc. v. United States, 779 F.2d 282 (5th Cir. 1986). The Court of Appeals, in Estate of McLendon v. Commissioner, supra at 1024-1025, stated: Most questions of deference to a revenue ruling involve an argument by the taxpayer that a particular ruling is contrary to law. Here, however, the argument to ignore or minimize the effect of Rev. Rul. 80-80 comes from the Commissioner, the very party who issued the ruling in the first place. In such a situation, this circuit has a well established rule that is sufficient to resolve this case without probing the penumbrae of the general deference question. [Fn. ref. omitted.] * * * * * * * Silco stands for the proposition that the Commissioner will be held to his published rulings in areas where the law is unclear, and may not depart from them in individual cases. Furthermore, under Silco the Commissioner may not retroactively abrogate a ruling in an unclear area with respect to any taxpayer who has relied on it. [Fn. ref. omitted.] Applying Silco to this case, it quickly becomes clear that Rev. Rul. 80-80 must govern our decision. McLendon went to great lengths to structure his transaction to comply with applicable law, and the Commissioner does not dispute that in so doing McLendon expressly relied on Rev. Rul. 80-80’s clarification of the admittedly murky area of future and dependent interest valuation. The Commissioner ignored the clear language of his own ruling in declaring deficiencies, and it is precisely this kind of tactic that Silco declares to be intolerable. * * * [Fn. ref. omitted.]Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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