- 26 - Secretary's Authority To Resolve Cost Issues This Court and others have struck down regulations that did not harmonize with the language, origin, and purpose of the statute which they purported to interpret. United States v. Vogel Fertilizer Co., 455 U.S. 16, 24-25 (1982); Western Natl. Mut. Ins. Co. v. Commissioner, 102 T.C. 338 (1994); Hughes Intl. Sales Corp. v. Commissioner, 100 T.C. 293 (1993); Jackson Family Found. v. Commissioner, 97 T.C. 534 (1991), affd. 15 F.3d 917 (9th Cir. 1994); Durbin Paper Stock Co. v. Commissioner, 80 T.C. 252 (1983). Petitioners have attempted to cast these cases in the mold of those decisions. Thus, petitioners argue that the Regulation represents an impermissible attempt to amend rather than merely interpret the statute, quoting language from our 3(...continued) the tax return for the year to which the election applies. From the context it is quite clear that Congress did not intend this provision as a substantive limitation on the Secretary's rule-making authority. It is likely that Congress added this provision out of a consideration for administrative efficiency. Sec. 458(c)(4) provides that computation of taxable income under an election shall be treated as a method of accounting. The election would therefore constitute a change in method of accounting, which ordinarily would require the taxpayer to follow procedures for obtaining the Secretary's consent. Sec. 446(e). Congress anticipated a large number of similarly situated taxpayers would make the election and did not believe that review of each applicant's particular circumstances would be necessary. Petitioners' reading would imply that the Secretary could not disallow use of the method of accounting under sec. 458 even if the taxpayer was using it in a manner that conflicted with other provisions of the Code and regulations. There is no evidence that Congress intended sec. 458 to supersede all other tax law.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011