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Published in the Internal Revenue Bulletin
from January 1, 1978 through December 31, 1978

It is the policy of the Internal Reve- clusions of the Service only to the ap- No announcements are made in the nue Service to announce in the Inter- plication of the law to the facts in the Bulletin with respect to memorandum nal Revenue Bulletin at the earliest particular case. Caution should be opinions of the Tax Court. practicable date the determination of exercised in extending the application The announcements published in the Commissioner to acquiesce or not of the decision to a similar case unless the weekly Internal Revenue Bulletins acquiesce in a decision of the Tax the facts and circumstances are sub

are consolidated semiannually and anCourt which disallows a deficiency in stantially the same, and consideration nually. The semiannual consolidation tax determined by the Commissioner should be given to the effect of new

appears in the first Bulletin for July to be due. legislation, regulations, and rulings as

and in the Cumulative Bulletin for the Notice that the Commissioner has well as subsequent court decisions and

first half of the year and the annual acquiesced or nonacquiesced in a deci- actions thereon. sion of the Tax Court relates only to Acquiescence in a decision means

consolidation appears in the first Bulthe issue or issues decided adversely to

letin for the following January and in acceptance by the Service of the conthe Government. clusion reached, and does not neces

the Cumulative Bulletin for the last

half of the year. Actions of acquiescences in adverse sarily mean acceptance and approval decisions shall be relied on by Revenue of any or all of the reasons assigned by

The Commissioner ACQUIESCES officers and others concerned as con- the Court for its conclusions.

in the following decisions:

Taxpayer

Report Volume Page

Docket No.

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All-Steel Equipment, Inc.1 2 3
Anders, Claude & Joyce
Bahr, Charles A., Sr., Est. of, Texas Commerce Bank National Association,

co-independent executor * 5
Baird, Rose aka Razel Snyder 6 7
Barr, William E., Est. of, Frances M. Barr, executrix * 8
Boyer, Lawrence D.
Boyer, Lawrence D. & Rosemary J.
Britenstool, Harry, Est. of, by Manufacturers Hanover Trust Co. (successors
by merger to the Hanover Bank), as sole surviving executor

4 9 10
Burgo, Lance E.
Burnetta, Edward L.
Burnetta, Edward L., O.D., P.A.
Burnetta, Edward L., O.D., P.A., Employees Profit Sharing Trust,

Traders National Bank, Trustee
Busse, Curtis T. & Myrtle
Chastain, Thomas M.12
Chu, Lan Jen & Grace Y. P.
Coleman, Inez G., Est. of
Continental Illinois National Bank & Trust Company of Chicago
Cornman, Ivor
Crockett, Charles A. & Marie
Crockett, Charles A., M.D., P.A.
Curcio, Albert, Est. of, Mrs. Frances Curcio, administratrix & surviving wife --
Diecks, C. A., Est. of, Moninda Diecks Coyle, executrix

4170-64 8532-75 6294-75 6293-75

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Taxpayer

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Dryer, Samuel A., Est. of, Robert A. Dreyer & Edward L. Dreyer,

executors
Edwards, Walter L., Est. of, Robert L. Edwards, executor * 15
Englehardt, Kenneth & Roberta
Erickson, Gordon A. & Olive L.
Escobar, Carmen R. 16

68 58 58 56 68

275 348 641 1112 304

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9811-74
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684-70
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1996-74
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3430-74
3431-74
1813-68

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Evans, Donald L. & Joan
Fawcett, Horace K., Est. of, Eika Mae Fawcett, independent executrix *
Florists' Transworld Delivery Association 17
Ford, Edward E., Est. of, Manufacturers Hanover Trust Co., executor * 18
Freeport Transport, Inc.
Friedman, Bernard J. & Irma R.
Friedman & Jobusch Architects & Engineers, Inc.
Grant Company, W. T.19
Harris Trust & Savings Bank, trustee of the marital trust created u/w Louis

E. Pfeifer, transferee *
Harris Trust & Savings Bank, trustee of the residuary trust created u/w Louis

E. Pfeifer, transferee
Hesse, Stanley H.
Hoenig, Edward E., Est. of, Morgan Guaranty Trust Company of New York

& Samuel S. Zuckerberg, executors
Hundley, H. B., Est. of, George H. Beuchert, Jr. & William J. McWilliams,

co-executors

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Jewell, William C.
Jobusch, Fred H. & Josephine B.
Kaplan, Jacob M. & Alice M.20 21
Kenfield, Kenneth R.
Koufman, Manuel M. & Charlotte
Lamphere, Claire E. & Lula L.
Laurano, Roger & Margaret
Los Angeles Central Animal Hospital, Inc.
Miller, Edna Allen, Est. of, Allen Gordon Miller & Erwin Schroff, executors
Moore, Joseph Henry & Mary Ophelia Dunn
Palmer, Daniel D. & Agnes H.22 23
Patrick, Wade H. & Ethel H.
Paxton, Floyd G. & Grace D.11 24
Pfeifer, Ella, Est. of, Thomas T. Schlake, executor •
Pfeifer, Ella, Est. of, Harris Trust & Savings Bank, executor
Pierce, Martha P.
Salkov, Abraham A. & Edith H.25 26
San Francisco Infant School, Inc.
Scifo, Thomas P. & Aurora
Scifo, Lewis P. & Norma E.
Sibla, Richard R.27
Silverman, David & Irene
Silverman, Morris R., Est. of, Avrum Silverman, executor
Snyder, Irving, Transferee, Donee 6 7

4516-67
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7436-76
3429-74
1156-62
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1895-76
7869-75

882-74
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1519-74
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4246-77x
6788-75
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6741-70
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8825-73

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Taxpayer

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Sparling, Isabelle M., Est. of, Crocker-Citizens National Bank, Trustee * 6 28
Stiles, Fred M. & Jean M.
Tracy, John E. & Evelyn P.

1307-70 1309-70 3886-76 10258-76

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The Commisioner does NOT ACQUIESCE in the following decisions:

Taxpayer

Report Volume Page

Docket No.

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Airequipt, Inc.
All-Steel Equipment, Inc. 29
Anderson, James E. & Alice
Baloian Company, Inc., Charles
Barton Mines Corp.
Britenstool, Harry, Est. of, by Manufacturers Hanover Trust Company

(Successor by merger to the Hanover Bank), as sole surviving executor * 30 Castleberry, Winston C., Est. of, Republic National Bank of Dallas,

Independent Executor
Chastain, Thomas M.31
Cooper, Robert E.
Crown, Lester 6
Cummings, Nathan & Joanne T.
Daron Industries, Inc., formerly Airequipt, Inc.
Dowd, John & Helen
Elrick, Marianne Crocker
Evergreen-Washelli Memorial Park Co.
Fawick, Thomas L. & Marie
First National Bank of Chicago
Florists' Transworld Delivery Association 32
Ford, Edward E., Est. of, Manufacturers Hanover Trust Co., executor
Gilhrist, Anna Lora, Est. of, Layland Myatt & Elizabeth Dearborn,

Independent Executors
Gilman, Charles, Est. of, Howard Gilman, Charles Gilman, Jr., & Sylvia P.

Gilman, executors
Gino, George W. & Emilie
Grant Company, W. T.34
Harris, Nannie Carr, Incompetent, Robert A. Eubanks, Guardian
Hornstein of California Inc.
Kaplan, Jacob M. & Alice M.21 35
Keen, Herbert Ide 36 37
Klein, George T., Est. of, Shirley Klein, Personal Representative &

Shirley Klein
Lennard, Milton S., Est. of, Pauline Lennard & Gerald L. Lennard,

executors & Pauline Lennard, individually 42
Leslie Co.
Levine, David H., Est. of, Jacob Paul Levine & Richard L. Levine, executors 6
Levine, Lillian K.

8811-75 7278-70 3164-75 6401-75 9192-74 2653-71 2647-71 4081-74 5776-68 1867-67

846-67 3408-72 1996-74 3925-67

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Taxpayer

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Ludwig, Daniel K. & Gertrude V.
Madden, Blaine M. & Virginia C.
Marbut, Dorothy H.
Mason, Dan E. & Beverly R.
McDowell, C. Blake, Inc.
Morris, John E., Est. of, John M. Morris, Francis H. Morris & Eugene

George Morris, executors & Margaret H. Morris
Palmer, Daniel D. & Agnes H.22 38
Poirier & McLane Corp.
Raygram-Hornstein, Inc., successor by merger to Raygram Corporation &

Hornstein, Inc. (old Hornstein Inc.)
Raygram-Hornstein, Inc., successor by merger to Raygram Corporation &

Hornstein, Inc. (old Raygram Corporation)
Roesel, George A. & Patricia M.

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Saia, Viola F., Est. of, Seredo J. Saia, executor, & Seredo J. Saia, Transferee * -
Satrum, Melvin & Thordis
Schuster's Express, Inc.
Sibla, Richard R.39
Simonson, Abraham, Est. of, Nathaniel Simonson & Ernest C. Geiger *
Skifter, Hector R., Est. of, Janet Skifter Kelly & The Chase Manhattan Bank

(National Association), executors *
Smith, Charles W., Est. of, The Northern Trust Company, Trustee
Spalding, Dolph & Thelma S.
Sparling, Isabelle M., Est. of, Crocker-Citizens National Bank, Trustee * 6 40
Squier, Arthur H., Est. of, National State Bank of Newark, executor 41
Stahl, William F., Est. of, Marion B. Stahl, Executor & Individually
Stewart, Lillie MacMunn, Est. of, W. Alan Henderson, executor
Sumner, Mose, Est. of, Citizens National Bank and Trust Company of

Baytown, independent executor
Vernon Photographic Corp.
Wesenberg, Richard L. & Nancy E.
Wien Consolidated Airlines, Inc., formerly Wien Alaska Airlines, Inc.
Wolder, Victor R. & Marjorie

5958-68
9463-74
8064-73
1307-70
1309-70
75848
1462-67
689-68

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• United States Board of Tax Appeals. 1 Acquiescence in result in the issue relating to whether the taxpayer can be required to inventory costs incurred for losses and research and experiment expenditures whero such items are specifically allowed as deductions by the Code. • Acquiescence "in result" means acceptance of the decision of the Court but disagreement with some or all the reasons for the decision. 3 Acquiescence in the issue relating to whether certain items are excludable from inventory because they are not manufacturing expenses. • Estate Tax decision. 6 See Rev. Rul. 78-125, 1978-1 C.B. 292. • Gift Tax decision. 7 Acquiescence published in 1976-2 C.B. 3 is withdrawn and acquiescence in result is substituted. (See footnote 2) 8 Acquiescence published in 1964.1 C.B. 4 in the issue relating to whether a "wage dividend" death benefit paid to decedent's widow in the year following decedent's death is includible in decedent's gross estate under section 2039, and in the issue relating to whether a "salary" death benefit paid to decedent's widow is includible in decedent's gross estate under section 2039, is withdrawn and acquiescence in result is substituted therefor. (See footnote 2) • Acquiescence in the issue relating to whether the payment of two months post-mortem rent on decedent's apartment is a deductible administration expense.

Acquiescence in the issue relating to whether the life tenant's reimbursement to the charitable remaindermen of the additional estate taxes resulting from an election to claim administration expenses as income tax deductions qualified for the charitable deduction where the reimbursement was required by state law. 1 See Rev. Rul. 78-124, 1978-1 C.B. 147. 19 Acquiescence in the issue, relating to whether in computing the proper allowable amount of the deduction under section 691 (c), the “estate tax attributable to the net value" of the section 691 (a) items must be computed on the basis of removing the net value of the section 691 (a) items from the gross estate and assuming no further change in facts or whether the residual charitable bequest must also be reduced.

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13 Acquiescence in the issue relating to whether under New York law an executor may renounce a decedent's interest in a testamentary bequest. 16 Acquiescence in result in the issue relating to whether the renunciation of decedent's interest in a testamentary bequest 33 months after its creation was within a reusonable time. (See footnote 2) IS Nonacquiescence published in 1972-2 C.B. 3 is withdrawn and acquiescence is substituted therefor. 26 Acquiescence in result in the issue relating to whether during 1971, petitioner, the wife of an employee of an international organization, was a resident alien entitled to file a joint return and claim certain exemptions under section 871. (See footnote 2) 17 Acquiescence in the issue relating to deductibility of amounts paid in settlement of an antitrust action. 13 Acquiescence in the issue relating to whether decedent's transfer of certain state and municipal bonds within three years of his death was made “in contemplation of death" within the meaning of section 2035. 19 Acquiescence in the issue relating to whether dividend credits, net of interest duo, made by petitioner against stock purchase contracts executed by certain of its em. ployees constitute additional compensation.

Acqiuescence in the issue relating to whether amounts received constituted distributions with respect to the stock of the parent. 21 See Rev. Rul. 78-123, 1978.1 C.B. 87. 2 See Rev. Rul. 78-197, 1978-1 C.B. 83. > Acquiescence in the issue relating to whether petitioner realized dividend income for his transfer of 238 shares of stock in his family corporation to his family foundation pursuant to a prearranged plan whereby the foundation thereafter immediately redeemed such stock for assets of the corporation. 24 Nonacquiescence published in 1971-2 C.B. 4 is withdrawn and acquiescence is substituted therefor. * Nonacquiescence published in 1969-2 C.B. xxvi is withdrawn and acquiescence is substituted therefor. ** See Rev. Rul. 78-301, page 103, this Bulletin. * Acquiescence in the issue relating to whether petitioner is entitled to deduct a truck license registration fee as an ordinary and necessary business expense. * Acquiescence in the issue relating to whether participating agreements in a mutual fund should be valued for estate tax purposes adding to the liquidation value • portion of the sales load attributable to such agreements. ** Nonacquiescence in the issue relating to whether the taxpayer can be required to inventory costs incurred for taxes and repairs where such items are specifically allowed as deductions by the Code or regulations. 30 Nonacquiescence in the issue relating to whether a claim by decedent's sister which was allowed by the Surrogate's Court with the consent of the only parties in interest is a deductible claim against the estate. * Nonacquiescence in the issue relating to whether, assuming a section 691 (c) deduction is allowable, respondent was precluded from arguing on brief or on Rule 155 that the deduction is an offnet to the section 691 (a) income rather than a deduction from gross income, the statutory notice having disallowed the entire section 691 (c) deduc. tion. * Nonacquiescence in the issue of whether petitioner's receipts of clearing house and marketing functions constitute gross income. * Nonacquiescence in the issue relating to whether decedent retained sufficient rights in a trust created for the benefit of his grandson to require its inclusion in his gross estate under the provisions of sections 2036 (a) (2) and 2038 (a) (1). * Nonacquiescence in the issue relating to whether sales under petitioner's coupon book installment plan qualify as "sales on the installment plan" under section 453 (a) of the Code. * Nonacquiescence in the issue relating to whether the available carnings and profito computation should be reduced by the fair market value of appreciated securities do. nated to a charitable foundation. * Acquiescence published in VIII-2 C.B. 27 (1929), is withdrawn and nonacquiescence is substituted therefor. 37 See Rev. Rul. 78-62, 1978-1 C.B. 226. * Nonacquiescence in the issue relating to whether petitioner is entitled to a charitable contribution deduction at the rate of $863 per share for his transfer to the founda. tion. ** Nonacquiescence in the issue relating to whether petitioner is entitled to deduct the required payment of his pro-rata share of the cost of providing a nonexclusionary organized mess for the firemen at his place of employment as an ordinary and necessary business expense. * Nonacquiescence in the issue relating to whether petitioner is entitled to an estate tax credit for a life interest in her predeceased husband's share of the community property, which life interest decedent received when she elected to take under her husband's will in lieu of claiming her rights in the community property, when as part of such election decedent was required to relinquish the remainder interest in her share of the community property. & Acquiescence published in 1961.2 C.B. 5 is withdrawn and nonacquiescence is substituted therefor. • Acquiescence in result only published in 1974-2 C.B. 3 is withdrawn and nonacquiescence is substituted therefor.

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