- 32 - 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 withoutPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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