Unionbancal Corporation - Page 32




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              Neither the express language of section 7805(b) nor its                 
         legislative history, however, contains any suggestion of such                
         conditions on the Secretary’s authority to issue prospective                 
         regulations.  To the contrary, the pertinent legislative history             
         indicates that section 7805(b) was intended to prevent problems              
         that might otherwise arise from retroactive application of                   
         regulations, rather than to restrict the Secretary’s ability to              
         promulgate prospective regulations.                                          
              The predecessor to section 7805(b) was enacted in the                   
         Revenue Act of 1921, ch. 136, section 1314, 42 Stat. 227.  The               
         legislative history states that the purpose of the 1921 provision            
         was to–-                                                                     
              permit the Treasury Department to apply without retroactive             
              effect a new regulation or Treasury decision reversing a                
              prior regulation of Treasury decision * * *.  This would                
              facilitate the administration of the internal revenue laws              
              in that it would make it unnecessary to reopen thousands of             
              settled cases.  [H. Rept. 350, 67th Cong., 1st Sess. (1921),            
              1939-1 C.B. (Part 2) 168, 180; emphasis added.]                         
              In 1934, the 1921 provision was reenacted with various                  
         substantive amendments that are not central to the present                   
         discussion.  The pertinent legislative history to the 1934                   
         legislation states:                                                          
              The amendment extends the right granted by existing law to              
              the Treasury Department to give regulations and Treasury                
              decisions amending prior regulations or Treasury decisions              
              prospective effect only, by allowing the Secretary * * * to             
              prescribe the exact extent to which any regulation or                   
              Treasury decision, whether or not it amends a prior                     
              regulation or Treasury decisions, will be applied without               





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