- 16 - Participants attempt to place these cases within the realm of those decisions in which courts have invalidated Treasury regulations. Although it is well settled that respondent "may not usurp the authority of Congress by adding restrictions to a statute which are not there", Estate of Boeshore v. Commissioner, 78 T.C. 523, 527 (1982), participants' reliance on this line of authority is misplaced. In each of the cases cited by the participants, a regulation was invalidated either because it directly conflicted with an unambiguous statutory provision or because it was inimical to the clear congressional mandate set forth in the pertinent legislative history.15 As previously 15 See, e.g., United States v. Vogel Fertilizer Co., 455 U.S. 16, 26 (1982) ("The legislative history of sec. 1563(a)(2) resolves any ambiguity in the statutory language and makes it plain that Treas. Reg. sec. 1.1563-1(a)(3) is not a reasonable statutory interpretation."); Koshland v. Helvering, 298 U.S. 441, 447 (1936) ("where, as in this case, the provisions of the act are unambiguous, and its directions specific, there is no power to amend it by regulation"); Jackson Family Foundation v. Commissioner, 97 T.C. 534, 542 (1991), affd. 15 F.3d 917 (9th Cir. 1994) ("there is simply no statutory basis for the regulation"); (holding that sec. 1.863-1(b), Income Tax Regs., contradicts the clear and unambiguous language of sec. 863(b)(2)); Phillips Petroleum Co. v. Commissioner, 97 T.C. 30, 34-36 (1991), affd. without published opinion 70 F.3d 1282 (10th Cir. 1995); Durbin Paper Stock Co. v. Commissioner, 80 T.C. 252, 260 (1983) ("we find section 992(a)(1)(C) to be unambiguous. In our view, there is no statutory authority for the 'paid-in' capital requirement set forth in section 1.992-1(d)(1), Income Tax Regs."); Estate of Boeshore v. Commissioner, 78 T.C. 523, 531-532 (1982) ("the regulation adds restrictions to the statute that are not there, and the regulation is out of 'harmony' with the statute's origin and purpose"); ("respondent's interpretation of section 103(c)(2)(A) is at odds with the legislative history and the totality of the circumstances surrounding the enactment (continued...)Page: 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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