Hachette USA, Inc., As Successor to Hachette Publications, Inc. and Curtis Circulation Co., Subsidiary - Page 28

                                       - 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 accounting            




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