Roosevelt Wallace - Page 30




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          section 5301(a) (2000); i.e., section 122(a)(4) (1965) of the               
          Internal Revenue Code of 1954 and 38 U.S.C. section 3101 (1964),            
          respectively.  Indeed, there is no mention of those provisions or           
          of respondent’s acknowledgment of the blanket exemption from                
          taxation of all veterans’ benefits contained in Mim. 4411, XV-1             
          C.B. 497 (1936) (superseded and reacknowledged in Rev. Rul. 72-             
          605, 1972-2 C.B. 35).  Lacking any consideration of the exemption           
          for veterans’ benefits, the analysis of the ruling is neither               
          complete nor persuasive.                                                    
               Finally, respondent argues that, since Congress has amended            
          what is now 38 U.S.C. section 1718 numerous times since the                 
          Commissioner issued Rev. Rul. 65-18, supra, it must have approved           
          of the conclusion the Commissioner there reached.  A revenue                
          ruling incorporating a long-standing administrative practice                
          sanctioned by the Congress or the Courts may acquire the force of           
          law.  Am. Campaign Acad. v. Commissioner, 92 T.C. 1053, 1070                
          (1989).  Nevertheless, we reject respondent’s argument for the              
          reasons expressed in Ashland Oil, Inc. v. Commissioner, 95 T.C.             
          348, 363 (1990):                                                            
               Respondent has not, however, shown that Congress has                   
               been even aware of this administrative interpretation,                 
               which has not been litigated in a reported decision and                
               has been cited in only a smattering of private letter                  
               rulings.  Without affirmative indications of                           
               congressional awareness and consideration, we decline                  
               to cloak this revenue ruling with the aura of                          
               legislative approval.  See Commissioner v. Glenshaw                    
               Glass Co., 348 U.S. 426, 431 (1955); Interstate Drop                   
               Forge Co. v. Commissioner, 326 F.2d 743, 746 (7th Cir.                 






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