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IRS Non-Acquiescence (AOD 2016-03)

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Alan

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Oct 3, 2016, 5:22:33 PM10/3/16
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The IRS has non-acquiesced to the Third Circuit decision in Giant Eagle,
Inc vs Comm'r, 822 F.3d 666 (3rd Cir. 2016) rev'g T.C. Memo 2014-146.

This case dealt with deductions for anticipated customer redemptions of
gasoline discounts under a shoppers’ reward program.

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Alan

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Oct 3, 2016, 7:03:21 PM10/3/16
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On 10/3/16 2:18 PM, Alan wrote:
> The IRS has non-acquiesced to the Third Circuit decision in Giant Eagle,
> Inc vs Comm'r, 822 F.3d 666 (3rd Cir. 2016) rev'g T.C. Memo 2014-146.
>
> This case dealt with deductions for anticipated customer redemptions of
> gasoline discounts under a shoppers’ reward program.
>
Link to the AOD: https://www.irs.gov/pub/irs-irbs/irb16-40.pdf

Link to Tax Court case overturned by the 3rd Circ.:
http://ustaxcourt.gov/InOpHistoric/GiantEagleMemo.Haines.TCM.WPD.pdf

Kurt V. Ullman

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Oct 3, 2016, 9:24:37 PM10/3/16
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On 10/3/16 5:18 PM, Alan wrote:
> The IRS has non-acquiesced to the Third Circuit decision in Giant Eagle,
> Inc vs Comm'r, 822 F.3d 666 (3rd Cir. 2016) rev'g T.C. Memo 2014-146.
>
>Which means what?

Stuart O. Bronstein

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Oct 3, 2016, 10:30:04 PM10/3/16
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"Kurt V. Ullman" <kurtu...@yahoo.com> wrote
> Alan wrote:

>> The IRS has non-acquiesced to the Third Circuit decision in
>> Giant Eagle, Inc vs Comm'r, 822 F.3d 666 (3rd Cir. 2016) rev'g
>> T.C. Memo 2014-146.

>Which means what?

The decision is a highly technical one concerning how an accrual
based taxpayer treats unredeemed customer loyalty credits.

Non-acquiescence means that, while the IRS lost in the 3rd Circuit
and has to follow the ruling there, it won't follow the ruling in
the rest of the county.

--
Stu
http://DownToEarthLawyer.com
https://www.etsy.com/shop/studiobethdesigns

Kurt V. Ullman

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Oct 4, 2016, 10:22:01 AM10/4/16
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On 10/3/16 10:28 PM, Stuart O. Bronstein wrote:
> "Kurt V. Ullman" <kurtu...@yahoo.com> wrote
>> Alan wrote:
>
>>> The IRS has non-acquiesced to the Third Circuit decision in
>>> Giant Eagle, Inc vs Comm'r, 822 F.3d 666 (3rd Cir. 2016) rev'g
>>> T.C. Memo 2014-146.
>
>> Which means what?
>
> The decision is a highly technical one concerning how an accrual
> based taxpayer treats unredeemed customer loyalty credits.
>
> Non-acquiescence means that, while the IRS lost in the 3rd Circuit
> and has to follow the ruling there, it won't follow the ruling in
> the rest of the county.
>
Interesting, thanks.
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