Charles A. and Marian L. Derby, et al. - Page 62




                                        - 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.                                                                       






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