- 12 - agreements are not subject to the consistent settlement provision of section 6224(c)(2). Participants argue in the alternative that the regulation is invalid insofar as it adds restrictions that are inconsistent with section 6224(c)(2). In Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843 (1984), the Supreme Court set forth the following analysis: If * * * the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute, as would be necessary in the absence of an administrative interpretation. Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute. [Fn. refs. omitted.] We have already concluded that the statute is silent as to the scope of consistent settlements. Under the Chevron analysis, the question remains whether the requirements in section 301.6224(c)- 3T, Temporary Proced. & Admin. Regs., supra, are a permissible construction of the statute. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., supra.12 12 As a general proposition, temporary regulations are accorded the same weight as final regulations. Peterson Marital Trust v. Commissioner, 78 F.3d 795, 798 (2d Cir. 1996), affg. 102 T.C. 790 (1994); Nissho Iwai Am. Corp. v. Commissioner, 89 T.C. 765, 776 (1987). In judging the validity of a temporary regulation, we employ the same analysis as that applied to a final regulation. Schaefer v. Commissioner, 105 T.C. 227, 229 (1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011