- 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'sPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011