Gerald A. and Henrietta V. Rauenhorst - Page 26




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               While this Court may not be bound by the Commissioner’s                
          revenue rulings, and in the appropriate case we could disregard a           
          ruling or rulings as inconsistent with our interpretation of the            
          law, see Stark v. Commissioner, 86 T.C. 243, 251 (1986), in this            
          case it is respondent who argues against the principles stated in           
          his ruling and in favor of our previous pronouncements on this              
          issue.  The Commissioner’s revenue ruling has been in existence             
          for nearly 25 years, and it has not been revoked or modified.  No           
          doubt taxpayers have referred to that ruling in planning their              
          charitable contributions, and, indeed, petitioners submit that              
          they relied upon that ruling in planning the charitable                     
          contributions at issue.  Under the circumstances of this case, we           
          treat the Commissioner’s position in Rev. Rul. 78-197, 1978-1               
          C.B. 83, as a concession.  Accordingly, our decision is limited             
          to the question whether the charitable donees were legally                  
          obligated or could be compelled to sell the stock warrants at the           
          time of the assignments.12                                                  



               12Respondent does not contend that Rev. Rul. 78-197, 1978-1            
          C.B. 83, is limited to cases involving redemptions.  Indeed, the            
          Commissioner has applied this ruling to factual scenarios which             
          do not involve stock redemptions.  For example, in Priv. Ltr.               
          Rul. 94-13-020 (Apr. 1, 1994), the Commissioner applied the                 
          ruling favorably to a gift and subsequent sale of farm items by             
          the trustee of a charitable remainder unitrust.  We find that               
          there is no difference in principle in the application of the               
          revenue ruling, between a redemption of stock by a corporation              
          and a sale of stock or stock warrants to an acquiring                       
          corporation.                                                                





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