- 14 - characterization as a legislative regulation. Cf. Batterton v. Francis, 432 U.S. 416, 425 (1977); Levesque v. Block, 723 F.2d 175, 183 (1st Cir. 1983). As a general proposition, temporary regulations are entitled to the same deference we accord final regulations. See Schaefer v. Commissioner, 105 T.C. 227, 229 (1995); Peterson Marital Trust v. Commissioner, supra at 797; Truck & Equip. Corp. v. Commissioner, 98 T.C. 141, 149 (1992). The Temporary Regulation was promulgated without notice and public comment procedures.8 Petitioner argues that the Temporary Regulation therefore is not entitled to Chevron deference, citing Bankers Life & Cas. Co. v. 8 The Treasury Decision in which the Temporary Regulation was promulgated explained the absence of notice and public comment procedures as follows: There is a need for immediate guidance with respect to the provisions contained in this Treasury decision. For this reason, it is found impracticable to issue this Treasury decision with notice and public procedure under subsection (b) of section 553 of Title 5 of the United States Code * * *. [T.D. 7991, 1985-1 C.B. 71, 81.] Under the Administrative Procedure Act, 5 U.S.C. sec. 553(b)(3)(B) (1984), notice and public comment procedures are not required “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” Petitioner does not contend that the Temporary Regulation is invalid for failure to comply with notice and public comment procedures or to meet the requirements of the good cause exception cited above. Accordingly, we do not reach these issues.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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