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Susan Seabrook, Shareholder in Buchanan's Tax section, was quoted in Tax Notes Today's article "IRA Revokes Foreign Reinsurance Revenue Ruling."

Susan E. Seabrook of Buchanan Ingersoll & Rooney PC noted similar "no inference" language in Notice 2010-29, 2010-15 IRB 547 , which applied interim guidance to life insurers on issues that arose under sections 807 and 816 after the adoption by the National Association of Insurance Commissioners of Actuarial Guideline XLIII (AG 43). The notice says that "no inference should be drawn from this notice regarding any federal tax issues that arise under any actuarial guideline other than AG 43 or that could arise under Life [principles based reserves]."

"That statement is transparent to me," Seabrook said. "I understand both the meaning and practical effect."

By immediately following its "no inference" language with examples, Rev. Rul. 2016-3 could be read to suggest that an unarticulated enforcement position survives the revocation of Rev. Rul. 2008-15, Seabrook said. "Why does a statement of no inference need examples to clarify its scope?" she asked.