- 21 - Having decided that the Regulation, by its terms, precludes a redetermination of FSC commission expenses on the undisputed facts of this case, we now consider petitioner's alternative contention that the Regulation must be declared invalid. Section 925(b) authorizes the Secretary to prescribe regulations with respect to commissions, rentals, and marginal costing that are consistent with the rules set forth in section 925(a). While there may be a question as to whether the Regulation falls within the scope of section 925(b) and is therefore entitled to an "especially high degree of deference" as a "legislative" regulation, we find it unnecessary to resolve this question. Cf. Sim-Air, USA, Ltd. v. Commissioner, 98 T.C. at 194. For reasons discussed below, even under the lesser degree of deference accorded "interpretative" regulations (those issued pursuant to the Secretary's general rulemaking authority under section 7805(a)), we conclude that the Regulation is valid. Petitioner proffers a number of arguments in support of its position that the Regulation is both unreasonable and "contrary to the plain language, origins and purpose of section 925(a)". See, e.g., National Muffler Dealers Association, Inc. v. United States, 440 U.S. 472, 477-478 (1979); Sim-Air, USA, Ltd. v. Commissioner, supra at 194; CWT Farms, Inc. v. Commissioner, 79 T.C. 1054, 1062 (1982), affd. 755 F.2d 790 (11th Cir. 1985). None are cogent.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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