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<< I agree the response is a bit confusing, that is why I posted it here... for discussion. Perhaps I can follow up to the IRS with more pointed questions and requests for clarification. >>

I think what you'll find if you do ask the pointed question is that it hasn't been litigated and the IRS hasn't taken a position, which is why they're dodging your question. You may also want to check out this thread in the Usenet group misc.taxes.moderated. It's come up several times.

Phil Marti
Tax Preparer
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