- 16 - Second, respondent maintains that the legislative intent underlying section 58(h) was well documented in the committee reports accompanying the enactment of that section, while no reference is made to section 865(j) in the relevant committee reports. Finally, respondent asserts that contrary to the instant case there were no controlling preexisting regulations in Occidental Petroleum Corp. Respondent's arguments are unpersuasive. First, we conclude that Congress did intend that regulations promulgated pursuant to section 865(j) would embody a "particular rule"; i.e., residence- based sourcing would generally be used for losses realized on the sale of noninventory personal property. Second, respondent's reliance on the absence of any mention of section 865(j) in the committee reports is erroneous, since Congress articulated the overall purpose behind section 865 in the legislative history. See supra pp. 8-9. In addition, the General Explanation confirms that it was expected that losses generally would be sourced similarly to gains. Although the General Explanation does not technically rise to the level of legislative history, we have nonetheless stated that "We are not unmindful of the fact that both the Supreme Court, and this Court, have relied upon the General Explanation in analyzing tax statutes * * * and that the General Explanation is entitled to great respect". Rivera v. Commissioner, 89 T.C. 343, 349 n.7 (1987).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