65-190 and 69-372, and withdrew its nonacquiescence
in Doyle, Dane, Bernbach, Inc.
The IRS later issued a nonacquiescence
in this case; the Court of Federal Claims, in CSX Corp.
Treasury, in its nonacquiescence
of that decision, was concerned that taxpayers could circumvent the subpart F regime (which was created to defeat income deferral, by doing indirectly through a partnership what could not be done directly via a CFC).
The Service issued a nonacquiescence
to Evans but reconsidered in the GCM, stating that in its interpretation of Evans, the "decisive factor" was dominion and control over the assigned interest.
The Service also stated its nonacquiescence
in result only to the issue of whether certain items treated as tangible personal property and depreciated over a five-year recovery period were in fact structural components of the buildings to which they relate that must be depreciated, under Sec.