John J. Flynn and James H. Thomas - Page 7




                                        - 7 -                                         
          standing under section 7476.); Jablonski v. Commissioner, T.C.              
          Memo. 1998-396; Jones v. Commissioner, supra.                               
               We likewise reject petitioners' contention that section                
          1.7476-1(b), Income Tax Regs., is invalid.  The regulation is the           
          product of a specific congressional grant of authority to the               
          Secretary of the Treasury set forth in section 7476(b)(1).  As a            
          legislative regulation, the provision is entitled to greater                
          deference than an interpretive regulation promulgated under the             
          general rule-making power vested in the Secretary by section                
          7805(a).  See Peterson Marital Trust v. Commissioner, 102 T.C.              
          790, 797-798 (1994), affd. 78 F.3d 795, 798 (2d Cir. 1996).  To             
          be valid, section 1.7476-1(b), Income Tax Regs., need not be the            
          best construction of section 7476(b)(1), only a reasonable one.             
          See Atlantic Mut. Ins. Co. v. Commissioner, 523 U.S. 382, 389               
          (1998).  Legislative regulations are to be given controlling                
          weight unless they are arbitrary, capricious, or manifestly                 
          contrary to the statute.  See Romann v. Commissioner, supra at              
          281-282.                                                                    
               The plain language of section 7476(b)(1) reveals that                  
          Congress did not contemplate that every employee would be                   
          considered an "interested party".  Moreover, the statute                    
          expressly directs the Secretary to prescribe regulations defining           
          which employees are to be interested parties.  See Romann v.                
          Commissioner, supra at 289.  In accordance with the Court's                 






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011