Hospital Corporation of America and Subsidiaries - Page 16

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          Cir. 1991), revg. T.C. Memo. 1990-129.  "If there are gaps left             
          by silence or ambiguity of the statutes in question, agencies may           
          fill the gaps with necessary rules, providing they are                      
          reasonable, and courts should not interfere with this process."             
          Id. at 300.                                                                 
               Petitioners contend that the unambiguous language of section           
          448(d)(7)(C)(ii) allowing hospitals to spread over a 10-year                
          period a section 481(a) adjustment relating to a change in method           
          of accounting required under section 448(a) may not be limited              
          under any circumstances.  Respondent contends, on the other hand,           
          that a hospital business is entitled to the benefits of a 10-year           
          spread only for as long as the hospital engages in the specific             
          trade or business which generated the section 481(a) adjustment             
          being spread over those 10 years.                                           
               As we stated above, in accordance with the Chevron rule, our           
          first task in construing section 448(d)(7)(C) is to determine               
          whether Congress addressed the precise question in issue.  As we            
          view the matter, the specific question we must resolve in the               
          instant opinion is whether a taxpayer may continue to spread                
          ratably over a 10-year period a section 481(a) adjustment                   
          attributable to a hospital that relates to a change in method of            
          accounting made to conform the hospital's method of accounting to           
          the requirements of section 448(a) even after the taxpayer ceases           
          to operate that hospital.  The question is one of first                     
          impression.                                                                 




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