- 28 - statutory directive and no manifest congressional design with respect to the treatment of costs under a section 458 election. To invoke these passages from our decisions for the general proposition that regulations may not add rules not found in the statute and not precluded by the statute is to misread them. Indeed, supplementation of a statute is a necessary and proper part of the Secretary's role in the administration of our tax laws. As the Supreme Court stated in Chevron, U.S.A. v. Natural Res. Def. Council, 467 U.S. at 842-843: If the intent of Congress is clear, that is the end of the matter, * * * if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute. "The power of an administrative agency to administer a congressionally created . . . program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress." * * * [Citations omitted.] "Treasury Regulations 'must be sustained unless unreasonable and plainly inconsistent with the revenue statutes.'" Commissioner v. Portland Cement Co., 450 U.S. 156, 169 (1981) (quoting Commissioner v. South Texas Lumber Co., 333 U.S. 496, 501 (1948). There is no evidence that the Regulation conflicts with either the language or the purpose of section 458. We believe the Regulation provides an eminently reasonable solution to a problem that the statute does not address. The correlative cost adjustments it requires follow settled principles of tax accounting and are consistent with generally accepted accountingPage: 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