- 9 -
that the proposed regulations do not apply when they present
contrary authority. Nonetheless, proposed regulations are given
no greater weight than a position advanced by the Commissioner on
brief. See, e.g., F.W. Woolworth Co. v. Commissioner, 54 T.C.
1233, 1265-1266 (1970). Yet proposed regulations can be useful
as guidelines where they closely follow the legislative history
of the act. See Estate of Wallace v. Commissioner, 95 T.C. 525,
547 (1990), affd. 965 F.2d 1038 (11th Cir. 1992). We have
previously cited the section 465 proposed regulations for that
purpose. See Melvin v. Commissioner, 88 T.C. 63 (1987), affd.
894 F.2d 1072 (9th Cir. 1990).
To read section 465(b)(1)(A) as petitioners suggest would be
inconsistent with section 465(b)(1)(B). Accordingly, we conclude
that Congress did not intend such a result and that such a
construction of the statute would be inappropriate. See, e.g.,
Weinberger v. Hynson, Westcott & Dunning, Inc., 412 U.S. 609,
633-634 (1973) (interpreting a statute in such a manner "offends
the well-settled rule of statutory construction that all parts of
a statute, if at all possible, are to be given effect"); In re
Windsor on the River Associates, 7 F.3d 127, 130 (8th Cir. 1993);
Bokum v. Commissioner, 94 T.C. 126, 154 (1990), affd. 992 F.2d
1132 (11th Cir. 1993).
Respondent also points to statements by the Staff of the
Joint Committee on Taxation as an explanation of how Congress
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011