-16- Commissioner, 523 U.S. ___, 118 S. Ct. 1413, 1418 (Apr. 21, 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., 467 U.S. 837, 843 n.11 (1984); citations omitted.] We proceed to consider first whether petitioner qualifies as an interested party under section 1.7476-1(b)(4), Income Tax Regs., relating to collectively bargained plans. If petitioner does not so qualify, we then consider whether section 1.7476- 1(b)(5), Income Tax Regs., relating to plan terminations, applies to the instant case in such a way as to enable petitioner to qualify as an interested party. (2) Collectively Bargained Plans Section 1.7476-1(b), Income Tax Regs., provides the detailed rules for determining who is “an employee who has qualified * * * as an interested party”, within the meaning of section 7476(b)(1). Paragraph (b)(1) of the regulation provides the general rule, “If paragraphs (b)(2), (3), (4), and (5) of this section do not apply”. Paragraph (b)(2) of the regulation supersedes paragraph (b)(1) in the case of certain plans covering a principal owner. Paragraph (b)(3) of the regulation supersedes paragraphs (b)(1) and (2) in the case of certain plan amendments.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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