Educo, Inc. v. Donald C. Alexander, Commissioner of Internal Revenue, Defendants

CUMMINGS, Circuit Judge.

Plaintiff Educo, Inc., is a corporation which has engaged in the business of designing, implementing and administrating educational benefit plans for corporate employees for over a decade. On September 2, 1975, defendant Commissioner of Internal Revenue issued Technical Information Release (TIR) 1406, subsequently republished as Revenue Ruling 75^448 (1975-2 C.B. 55), which significantly changed the tax status of the transactions involved in educational benefit plans. As a result of the Ruling, clients and potential clients of Educo, Inc. cancelled or threatened to…