Edward A. Robinson III and Diana R. Robinson - Page 39




                                       - 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

Last modified: May 25, 2011