General Dynamics Corporation and Subsidiaries - Page 36

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          year after such sale".  Sec. 1.993-3(d)(2)(i)(b), Income Tax                
          Regs.  Petitioners contend that the destination test of the                 
          regulation is not a proper interpretation of the statutory                  
          provision and hence is invalid.                                             
               We have already addressed the destination test and found               
          valid section 1.993-3(d)(2)(i)(b), Income Tax Regs., in Sim-Air,            
          USA, Ltd. v. Commissioner, 98 T.C. 187, 190-197 (1992).  There is           
          nothing in petitioners' argument here that would warrant a change           
          in our reasoning or conclusion concerning the validity of that              
          aspect of the DISC regulations.  Petitioners also raise factual             
          distinctions between this case and Sim-Air.  Factual differences            
          between cases, however, do not address the question of whether a            
          particular regulation is a proper interpretation of a statutory             
          provision.                                                                  
               Petitioners also argue that they should be relieved of the             
          1-year destination requirement because of the unforeseen factual            
          circumstances that caused them not to meet the regulation's                 
          requirement.  The taxpayer in Sim-Air made a similar argument               
          that was rejected.  Id. at 197-198.  Once a regulation is found             
          valid, it has the force and effect of law.  That law (both the              
          statute and the regulation in question here) does not provide any           
          exception for reasonable delay or unforeseen events.  Nor is                
          there room to interpret the statute or regulation to permit                 
          petitioners' factual circumstances different treatment by means             






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