- 30 - Commissioner, 911 F.2d 1128, 1137-1138 (5th Cir. 1990), affg. in part and revg. in part 92 T.C. 1276 (1989). The source of the authority under which a regulation is promulgated will be deter- minative of such classification. Id. at 1137. A legislative regulation that is "issued under a specific grant of authority to define a statutory term or prescribe a method of executing a statutory provision" is to be accorded more weight than an inter- pretative regulation that is promulgated under the more general authority of section 7805(a). See United States v. Vogel Fer- tilizer Co., 455 U.S. 16, 24 (1982) (quoting Rowan Cos. v. United States, 452 U.S. 247, 253 (1981)). There are two possible sources of authority for the issuance by the Secretary of section 1.469-5T(a)(1), Temporary Income Tax Regs., supra, the validity of which petitioners challenge: (1) The general authority granted to the Secretary by section 7805(a)21 or (2) the specific legislative authority granted to the Secretary by section 469(l)(1) to prescribe regulations that specify what constitutes material participation. If section 1.469-5T(a)(1), Temporary Income Tax Regs., supra, that petitioners challenge were promulgated pursuant to the general authority granted to the Secretary by section 7805(a), it would be considered an interpretative regulation. 21 Sec. 7805(a) provides in pertinent part that "the Secretary shall prescribe all needful rules and regulations for the enfor- cement of this title".Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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