- 13 - in section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., supra. The Courts of Appeals for the Fourth, Seventh, and Eighth Circuits pointed to Congress’s failure to amend section 163(h)(2)(A) as additional evidence that the regulation is reasonable. Kikalos v. Commissioner, 190 F.3d at 799 (7th Cir.); Allen v. United States, 173 F.3d at 538 (4th Cir.); Miller v. United States, 65 F.3d at 690 (8th Cir.). We have considered the opinions of the Courts of Appeals for the Fourth, Sixth, Seventh, Eighth, and Ninth Circuits; those opinions are entitled to all due respect. Lardas v. Commissioner, 99 T.C. 490, 494 (1992). Appeal in the instant case, however, lies to the Court of Appeals for the Fifth Circuit which has yet to address the issue presented herein.8 8 In Lardas v. Commissioner, 99 T.C. 490, 494-495 (1992), we stated that, in Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445 F.2d 985 (10th Cir. 1971), we reasoned that, where a reversal would appear inevitable, due to the clearly established position of the Court of Appeals to which an appeal would lie, our obligation as a national court does not require a futile and wasteful insistence on our view. * * * * * * * It should be emphasized that the logic behind the Golsen doctrine is not that we lack the authority to render a decision inconsistent with any Court of Appeals (including the one to which an appeal would lie), but that it would be futile and wasteful to do so where we would surely be reversed. Accordingly, bearing in mind our obligation as a national court, see Lawrence v. Commissioner, * * * [27 T.C. 713, 716-717 (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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