- 4 -- 4 -
Dillon v. Commissioner, T.C. Memo. 1993-239, affd. per curiam
without published opinion 12 F.3d 1227 (8th Cir. 1994); Jones v.
Commissioner, T.C. Memo. 1980-512, affd. without published
opinion 676 F.2d 710 (9th Cir. 1982); see also Romann v.
Commissioner, 111 T.C. (1998).
It also should be noted that these are legislative
regulations issued pursuant to a specific congressional
delegation to the Secretary and, as such, are entitled to greater
deference than an interpretive regulation promulgated under the
general rulemaking power vested in the Secretary by section
7805(a). Peterson Marital Trust v. Commissioner, 102 T.C. 790,
797 (1994), affd. 78 F.3d 795 (2d Cir. 1996). We accord such
regulations the highest level of judicial deference; viz, we are
not to invalidate the regulations unless they are arbitrary,
capricious, or manifestly contrary to the statute. Chevron
U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S.
837, 843-844 (1984); see also Ahmetovic v. INS, 62 F.3d 48, 51
(2d Cir. 1995). The regulations need not be the only, or even
the best, construction of section 7476. See Atlantic Mut. Ins.
Co. v. Commissioner, 523 U.S. ___, 118 S. Ct. 1413, 1418 (1998).
The Supreme Court has stated that a reviewing court
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.]
Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011