- 16 - regulations.” See also Trans City Life Ins. Co. v. Commissioner, 106 T.C. 274, 299-300 (1996); Estate of Neumann v. Commissioner, 106 T.C. 216 (1996); H Enters. Intl., Inc. v. Commissioner, 105 T.C. 71, 81-85 (1995). We can find no reason that would justify or reconcile treating section 469(l)(1), which was at issue in the Schwalbach case, as self-executing and treating section 469(l)(2) as not being self-executing. We have held language similar to that in section 469(l)(2) to be self-executing. For example, in International Multifoods Corp. v. Commissioner, 108 T.C. 579, 584 (1997), the taxpayer sourced a loss in accordance with the statutory rule of section 865(a). Despite a statutory provision that “The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purpose of this section, including regulations * * * relating to the treatment of losses from sales of personal property,” no loss sourcing regulations were issued. The Commissioner argued that nothing in the statute required the promulgation of any “particular rule” with respect to the allocation of losses on the disposition of personal property. In rejecting that argument, we found that Congress had intended to change the rules regarding the sourcing of losses and held that the Commissioner could not hide behind the failure to promulgate regulations. Under those circumstances, we stated: When Congress directs that regulations be promulgated to carry out a statutory purpose, the factPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011