David H. and Suzanne Hillman - Page 16




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          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 fact                 





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