- 42 - 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 thosePage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011