- 29 - The Committee believes it to be impractical to attempt by legislation to prescribe the various detailed and complicated rules necessary to meet the many differing and complicated situations. Accordingly, it has found it necessary to delegate power to the Commissioner to prescribe regulations legislative in character covering them. * * * See also Tate & Lyle, Inc. & Subs. v. Commissioner, 103 T.C. 656 (1994). Section 1.936-6(b), Income Tax Regs., is a legislative regulation containing substantive rules. As such, the regulation is entitled to greater weight and deference than an interpretive regulation issued pursuant to the Commissioner's general grant of authority to prescribe needful rules and regulations under section 7805(a). CWT Farms, Inc. v. Commissioner, supra at 800; Tate & Lyle, Inc. & Subs. v. Commissioner, supra at 666; Perkin- Elmer Corp. & Subs. v. Commissioner, 103 T.C. 464 (1994). A legislative regulation is made pursuant to a specific grant of authority, often without precise congressional guidance, to define a statutory term or prescribe a method of executing a statutory provision. Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 843-844 (1984); Anderson, Clayton & Co. v. United States, 562 F.2d 972 (5th Cir. 1977). In section 936(h)(7), Congress has delegated to the Commissioner authority to act in an essentially legislative manner to fill in the gaps of the statute. If the Commissioner's interpretation is reasonable, it will not be supplanted with our own. Florida Manufactured Housing Association, Inc. v. Cisneros,Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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