John F. Romann - Page 27

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          circumstances, we shall not rewrite the authorized regulations to           
          meet petitioner’s concerns.  See Newborn v. Commissioner, 94 T.C.           
          610, 636-637 (1990).                                                        
               Petitioner also asserts that the Supreme Court’s decision in           
          Robinson v. Shell Oil Co., 519 U.S. 337 (1997), requires section            
          7476 to be construed to include petitioner as an interested                 
          party.  We disagree.                                                        
               The careful unanimous opinion of the Supreme Court in                  
          Robinson v. Shell Oil Co. points out that “employee” has a                  
          variety of meanings in sections 701(c), 703(h), 706(g)(1), and              
          717(a), (b), and (c) of title VII of the Civil Rights Act of                
          1964, Pub. L. 88-352, 78 Stat. 254, 257, 261, as amended.  The              
          opinion concludes that “employee” as used in section 704(a) of              
          Pub. L. 88-352, 78 Stat. 257, is ambiguous and further concludes            
          that the purposes of that section 704(a) would best be served by            
          construing “employee” to include “former employee.”                         
               In the instant case, the plain language of the statute makes           
          it clear that not every employee will be an “interested party”.             
          Also, in the instant case the plain language of the statute                 
          specifically commits to the Treasury Department the task of                 
          defining which employees are to be interested parties.  Finally,            
          in the instant case the regulations promulgated under this                  
          specific grant of authority make it clear that under some                   
          circumstances certain former employees can be interested parties.           
          Thus, the analysis appearing in Robinson v. Shell Oil Co., supra,           




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