Michael Alan Jablonski - Page 4

                                                                                - 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