Tutor-Saliba Corporation, A California Corporation - Page 23




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          Commissioner, supra at 180, we invalidated the temporary                    
          regulation and concluded that the Secretary did not have                    
          discretion to “reach a result contrary to the basic objective of            
          the statute by requiring the recognition of additional gain                 
          beyond what is proportionately reflected in the payments received           
          during the first year.”10  The regulation we consider here is a             
          reasonable interpretation of the statutory intent and in harmony            
          with the overall purpose of the legislative initiative.  Thus, we           
          do not view Professional Equities, Inc. as instructive with                 
          regard to the validity of the subject regulations.                          
               Finally, petitioner argues that the subject regulations                
          should be declared invalid because of the alleged difficulty for            
          taxpayers to determine when they have a reasonable expectation of           
          recovery on a disputed claim.  We recognize that the regulation’s           
          “reasonable expectancy” standard may result in difficulties in              
          the determination of when a contingent item can be reasonably               
          expected to be received.  By promulgating such a regulation,                
          respondent may be called upon to determine when it is reasonably            
          foreseeable that a contingent item will be received by a                    
          taxpayer.  This may not be an easy task, and in petitioner’s                
          case, there is no indication whether respondent will prevail in             
          such a controversy.  However, difficulty of this kind is not a              



               10 The Court also noted that the regulation was “tortuously            
          complex” and was not compatible with the goals of the statute.              





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