The IRS said that it does not acquiesce in the Tax Court's March ruling in Wandry v. Commissioner, despite the recent withdrawal of the government's appeal. Wandry involved the first defined value formula gift clause to be upheld by a court without a charitable adjustment clause to provide that, if the IRS disputed the value of the assets transferred, any excess would go to charity. The IRS had appealed the Tax Court's ruling to the Tenth Circuit but withdrew the appeal on October 16th.