Stephen and Ann Schwalbach - Page 21

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          Department of Transp., 38 F.3d 582, 589 (D.C. Cir. 1994); Small             
          Refiner Lead Phase-Down Task Force v. EPA, 705 F.2d at 547.                 
          The purpose of notice and comment is not adequately served, on              
          the other hand, where interested persons could not reasonably               
          anticipate the final rules from the proposed rules.  Natural                
          Resources Defense Council, Inc. v. EPA, 863 F.2d 1420, 1429                 
          (9th Cir. 1988); see also American Water Works Association v.               
          EPA, 40 F.3d at 1275; Anne Arundel County v. EPA, 963 F.2d 412,             
          418 (D.C. Cir. 1992).  Where the final rules deviate too sharply            
          from the proposed rules, notice is inadequate.  AFL-CIO v.                  
          Donovan, 757 F.2d 330, 338 (D.C. Cir. 1985); Small Refiner Lead             
          Phase-Down Task Force v. EPA, 705 F.2d at 547.                              
               Our review of the evolution of section 1.469-4(a), Income              
          Tax Regs., leads us to conclude that the amendments contained               
          therein are in character with the original scheme for section 469           
          and the regulations thereunder and are a logical outgrowth of the           
          comments which were made on the two sets of proposed regulations.           
          The Commissioner offered affected persons the opportunity to                
          develop an evidentiary record on the promulgation of section                
          1.469-4(a), Income Tax Regs., by inviting them to comment                   
          publicly on the substance of each set of the proposed                       
          regulations.  The first set of proposed regulations dealt                   
          specifically with the attribution rule stating that a                       
          corporation's activities will not be attributed to an individual            
          who conducts the activity through the corporation.  Although the            



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