- 20 - we evaluate the revenue ruling under the less deferential standard enunciated in Skidmore v. Swift & Co., 323 U.S. 134 (1944), according the ruling respect proportional to its “power to persuade”. See United States v. Mead Corp., 533 U.S. 218, 234-235, 237 (2001). Rev. Rul. 90-44, 1990-1 C.B. at 57, states in relevant part: If one or more financial institutions are members of an affiliated group of corporations (as defined in section 1504 of the Code), then, even if the group files a consolidated return, each such institution must make a separate determination of interest expense allocable to tax-exempt interest, rather than a combined determination with the other members of the group. However, in situations involving taxpayers which are under common control and one or more of which is a financial institution, in order to fulfill the congressional purpose underlying section 265(b) of the Code, the District Director may require another determination of interest expense allocable to tax-exempt interest to clearly reflect the income of the financial institution or to prevent the evasion or avoidance of taxes. The first quoted paragraph parallels the text of the statutes, stating that the subject calculation “must” be made separately for each member of the affiliated group. The second quoted paragraph departs from that text, creating an exception that “may” apply to taxpayers under common control when one or more of the taxpayers is a financial institution. The ruling sets forth no reasoning or authority for the exception, other than stating that the exception was prescribed “in order to fulfill the congressional purpose underlying section 265(b)” and may bePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: March 27, 2008