Greenberg Brothers Partnership #4, a.k.a. Breathless Associates, Richard M. Greenberg, Tax Matters Partner, et al. - Page 14

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               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, the                     





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