- 14 - General Explanation of the Tax Reform Act of 1986, at 922-923 (J. Comm. Print 1987) (General Explanation).] When Congress directs that regulations be promulgated to carry out a statutory purpose, the fact that regulations are not forthcoming cannot be a basis for thwarting the legislative objective. It is well established that the absence of regulations is not an acceptable basis for refusing to apply the substantive provisions of a section of the Internal Revenue Code. See, e.g., Estate of Neumann v. Commissioner, 106 T.C. 216, 221 (1996); H Enters. Intl., Inc. v. Commissioner, 105 T.C. 71, 82 (1995); First Chicago Corp. v. Commissioner, 88 T.C. 663, 669 (1987), affd. 842 F.2d 180 (7th Cir. 1988); Occidental Petroleum Corp. v. Commissioner, 82 T.C. 819, 829 (1984). In Estate of Neumann v. Commissioner, supra at 221, for instance, we determined that regulations were not a prerequisite to applying the generation-skipping tax to certain transfers when the relevant statutory language (sec. 7701(f)) provided: "'The Secretary shall prescribe such regulations as may be necessary or appropriate to prevent the avoidance of those provisions of this title'". We concluded that Congress had not given the Secretary the power to determine section 2663's application; i.e., whether the general rule of section 2663 applied to cases such as the taxpayer's. Rather, we explained that Congress had simply authorized the Secretary to provide rules on how the section should apply. Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011