Union Carbide Corporation and Subsidiaries - Page 23

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          intended taxpayers to be able to redetermine FSC commission                  
          expenses after their original tax returns have been filed is not             
          explicitly stated in the statute or its legislative history.  In             
          light of the silence of section 925(a) on this score, the                    
          challenged Regulation in no way can be said to contradict or                 
          limit the "unambiguous" language of the statute.  Cf. id. at                 
          1064.  On the contrary, the Regulation fosters the goal of                   
          section 925(a) of allowing taxpayers to maximize FSC expenses                
          within certain parameters.                                                   
               In addition to being entirely consistent with the statute               
          and legislative history, the dual section 6511 requirement is in             
          no way unreasonable.  See Faltesek v. Commissioner, 92 T.C. 1204,            
          1210-1211 (1989).  Since the returns of both the FSC and the                 
          related supplier are necessarily affected by any redeterminations            
          under the Regulation, it is logical to require any recomputations            
          to be made within a timeframe applicable to both taxpayers.  To              
          deny the Secretary the ability to place time constraints on the              
          benefits conferred by the Regulation would unduly circumscribe               
          his authority under section 7805(a) to adopt "all needful rules              
          and regulations" for the enforcement of the revenue statutes.                
          (Emphasis added.)  Moreover, the lack of such a time limit would             
          raise the specter of ex post facto or retroactive tax planning--a            









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