Gerald A. and Henrietta V. Rauenhorst - Page 42




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                    applying the principles of a published Revenue                    
                    Ruling to the facts of their particular cases.                    
                    * * *  [Sec. 601.601(d)(2), Statement of                          
                    Procedural Rules.]                                                
                                                                                     
          Similar statements appear in the introduction section of each               
          volume of the Commissioner’s Internal Revenue Bulletin.  See,               
          e.g., 1978-1 C.B. at iii.  Surely, given these statements,                  
          taxpayers should be entitled to rely on revenue rulings in                  
          structuring their transactions, and they should not be faced with           
          the daunting prospect of the Commissioner’s disavowing his                  
          rulings in subsequent litigation.                                           
               Recently, the IRS, in a joint statement issued by the                  
          Commissioner, the Chief Counsel, and the Acting Assistant                   
          Secretary (Tax Policy) of the Department of the Treasury, has               
          indicated its “continuing commitment to serve the public through            
          the published guidance process”.  Department of the Treasury                
          2002-2003 Priorities for Tax Regulations and Other Administrative           
          Guidance (July 10, 2002).  To that end, the IRS has committed               
          itself “to increased and more timely published guidance”, in the            
          form of revenue rulings and revenue procedures, in the hopes of             
          achieving increased taxpayer compliance and resolving “frequently           
          disputed tax issues”.  These stated goals will not be achieved if           
          the Commissioner refuses to follow his own published guidance and           
          argues in court proceedings that revenue rulings do not bind him            
          or that his rulings are incorrect.  Certainly, the Commissioner’s           
          failure to follow his own rulings would be unfair to those                  





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