I hesitate to stick my foot in my mouth again, but AVBUG is correct. It would be very difficult to differentiate the "operating in IFR conditions", as you could file an IFR flight plan and be in VFR conditions or in and out of IFR conditions. The rule as far back as I can recall has always been related to planning. I didn't look up the NTSB case cited, but sounds like the one previouslly posted a few weeks ago. I think that was where the crew left with undermined fuel and lied to ATC about the fuel status when caught short. Since I didn't look up the case again, I stand to be corrected. Don't have time to dig it out again. The "operating in IFR conditions" is a little different than operating under IFR.