- 62 - In Rauenhorst v. Commissioner, supra at 183, we held that the Commissioner may not take a litigating position contrary to his own revenue rulings, which constitute public guidance. Neither the Friendly Hills determination letter nor the instruction manuals are revenue rulings or are intended by the Commissioner to constitute public guidance. Therefore, even if they could be viewed as supporting petitioners' claim that the Commissioner has minimized the significance of donative intent in some transfers of medical practice assets, since the cited materials are not revenue rulings or similar public guidance they do not, under Rauenhurst, constrain the position that respondent may take in these cases. II. Issues Involving Individual Petitioners A. The Kennedys 1. Background Respondent bases his $3,760 increase in Dr. Kennedy's 1994 Schedule C gross receipts on three documents, all of which are stipulated exhibits: (1) The examining agent's summary of certain bank deposits of Dr. Kennedy's, totaling $23,797.26, that is described as a schedule of Dr. Kennedy's 1994 accounts receivable after sale of practice (agent's report); (2) a letter from Dr. Kennedy to his accountant dated February 27, 1994,39 (sic) (letter), in which he advises his accountant: "I have collected 39Given its contents, the letter was necessarily drafted in 1995.Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 NextLast modified: March 27, 2008