Richard K. and Marilyn J. Phillips - Page 18




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               From the plain language of the statute, it is clear that the           
          Secretary has authority to promulgate regulations in order to               
          "achieve the purposes of this subchapter" in cases involving                
          section 6231(c), concerning, among other areas, criminal                    
          investigations.                                                             
               Section 301.6231(c)-5T, Temporary Proced. & Admin. Regs.,              
          supra, promulgated pursuant to the grant of authority in section            
          6231(c), is a legislative regulation because Congress explicitly            
          left a gap for the agency to fill.  See Chevron U.S.A., Inc. v.             
          Natural Resources Defense Council, Inc., 467 U.S. 837, 843-844              
          (1984).  A legislative regulation is given controlling weight               
          unless the regulation is arbitrary, capricious, or manifestly               
          contrary to the statute.  See id.                                           
               In addition, courts are to interpret a regulation as a                 
          whole, in light of the overall statutory scheme, and not to give            
          force to one phrase in isolation.  See Norfolk Energy, Inc. v.              
          Hodel, 898 F.2d 1435, 1442 (9th Cir. 1990).  Courts have a duty             
          to give effect to every part of a regulation and construe each              
          part in connection with every other part so as to produce a                 
          harmonious whole.  See Miami Heart Inst. v. Sullivan, 868 F.2d              
          410, 413 (11th Cir. 1989).                                                  
               It is clear that section 301.6231(c)-5T, Temporary Proced. &           
          Admin. Regs., supra, concerning the treatment of partnership                
          items of partners under criminal tax investigation, differs from            






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