- 37 - mean acceptance and approval of any or all of the reasons assigned by the Court for its conclusions.” 1958-2 C.B. at 3. Third, Rev. Rul. 66-28, supra, is distinguishable in that it is interpreting a regulation, sec. 1.152-1(b), Income Tax Regs., that does not contain the reasonable-expectation-of-return test, contained in section 1.2-2(c)(1), Income Tax Regs. See supra note 3. Perhaps Rev. Rul. 66-28, supra, is best read as acknowledging that nursing home stays are “temporary absences due to special circumstances” if done with the intent or hope of one day returning, rather than abrogating a different regulation’s requirement that such a hope to return be reasonable. The ruling is also distinguishable in that a nursing home stay, although it may be necessitous, is not compelling in the same way that a stay in jail is compelling. Fourth, even if not distinguishable, Revenue Rulings do not have the force of regulations. E.g., Estate of Kincaid v. Commissioner, 85 T.C. 25 (1985). Indeed, the Supreme Court has held: “[T]he Commissioner’s acquiescence in an erroneous decision, published as a ruling, cannot in and of itself bar the United States from collecting a tax otherwise lawfully due.” Dixon v. United States, 381 U.S. 68, 73 (1965). Finally, and most importantly, are we really prepared to interpret a ruling that, it seems by stealth, overrules aPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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