- 22 - Respondent's litigating position is not afforded any more deference than that of petitioners. By way of example, proposed regulations and revenue rulings are generally not afforded any more weight than that of a position advanced by the Commissioner on brief. Laglia v. Commissioner, 88 T.C. 894, 897 (1987); Estate of Lang v. Commissioner, 64 T.C. 404, 407 (1975), affd. in part and revd. in part 613 F.2d 770 (9th Cir. 1980). That is especially so here, where respondent did not publish her position prior to this controversy. Accordingly, we proceed to decide which party's approach harmonizes with the statutory intent. Section 994(a)(2) presents the somewhat ambiguous and completely undefined term "combined taxable income." The regulation in question does not conflict with the language of the statute it interprets. In addition, the regulatory definition of costs related to export sales is consistent with legislative history, which states: the combined taxable income * * * would be determined by deducting from the DISC's gross receipts the related person's cost of goods sold with respect to the property, the selling, overhead and administrative expenses of both the DISC and the related person which 7(...continued) Subdivision (iii) of sec. 1.994-1(c)(6), Income Tax Regs., applies equally to buy-sell DISC’s and commission DISC’s. Accordingly, portions of the regulation in question may be legislative or interpretative or a mix of legislative and interpretative elements. The parties’ disagreement, however, does not focus on the source of the Government's authority for issuance of the regulation in question, and it is unnecessary to decide whether the regulation in question is interpretative, legislative, or a mixture of both.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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