- 27 - so as to create a corresponding deficiency for UCFSC inasmuch as petitioner did not meet the dual section 6511 requirement, and UCFSC is not a party in this case. Whether or not, under the scenario conjured up by petitioner, respondent would be able to assess deficiencies against the FSC, notwithstanding the expiration of the period of limitations under section 6501, is not a question before us, and we need not speculate about it. We conclude that the Regulation's dual section 6511 requirement imposed on taxpayers represents a "reasonable accommodation of the competing interests of fairness, administrability, and avoidance of abuse." Atlantic Mut. Ins. Co. v. Commissioner, 523 U.S. ___, ___ 118 S. Ct. 1413, 1415 (1998). In reaching our conclusion, we recognize that the Regulation conceivably could have been written in other ways, including the manner advocated by petitioner. Cf. L & F Intl. Sales Corp. v. United States, 912 F.2d 377, 381 (9th Cir. 1990). However, such a possibility is extraneous to our inquiry. See, e.g., National Muffler Dealers Association, Inc. v. United States, 440 U.S. at 488 ("The choice among reasonable interpretations is for the Commissioner, not the courts."); E.I. du Pont de Nemours & Co. v. Commissioner, 41 F.3d at 136; Brown v. United States, 890 F.2d 1329, 1338 (5th Cir. 1989). Petitioner has failed to convince us that the Regulation is either unreasonable or inconsistent with the underlying statute,Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011