- 14 - need not conclude that the agency construction was the only one it permissibly could have adopted to uphold the construction, or even the reading the court would have reached if the question initially had arisen in a judicial proceeding. [Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., supra at 843 n.11; citations omitted.] In promulgating regulations, the Secretary has the discretion to formulate rules not found in the statute: "supplementation of a statute is a necessary and proper part of the Secretary's role in the administration of our tax laws." Hachette USA, Inc. v. Commissioner, 105 T.C. 234, 251 (1995), affd. per curiam 87 F.3d 43 (2d Cir. 1996). "'The power of an administrative agency to administer a congressionally created * * * program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress.'" Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., supra at 843 (quoting Morton v. Ruiz, 415 U.S. 199, 231 (1974)). Section 301.6224(c)-3T, Temporary Proced. & Admin. Regs., supra, is consistent with the TEFRA goal of promoting the uniform adjustment of partnership items. H. Conf. Rept. 97-760, at 600, 602 (1982), 1982-2 C.B. 662, 664; see Maxwell v. Commissioner, 87 T.C. at 787. It furthers this goal by ensuring the integrity of those original settlement agreements with which requests for consistent settlement terms may be made. The regulation accomplishes this through two requirements. First, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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