- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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