Union Carbide Corporation and Subsidiaries - Page 21

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               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.                                                             






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