Tutor-Saliba Corporation, A California Corporation - Page 24




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          reason to invalidate the regulation; the determination of when a            
          contingent item can be reasonably expected to be received can be            
          made on a case-by-case basis.  The regulation is a reasonable               
          interpretation of, and plainly consistent with, the underlying              
          statute.11                                                                  
               In light of the foregoing, we hold that section 1.460-                 
          6(c)(2)(vi), Income Tax Regs., is valid because it harmonizes               
          with the plain language, origin, and purpose of section 460.                
               We have considered the parties’ remaining arguments and find           
          them either irrelevant or unnecessary for resolving the parties’            
          controversy.  To reflect the foregoing,                                     
                                             An order will be issued                  
                                        denying petitioner’s motion for               
                                        partial summary judgment.                     













               11 Although petitioner’s position may also be a reasonable             
          interpretation, we are constrained to uphold the regulation if it           
          has a reasonable basis in the statutory history, even though                
          petitioner’s challenge may have some logical force.  See Pagel,             
          Inc. v. Commissioner, 91 T.C. 200, 218 (1988), affd. 905 F.2d               
          1190 (8th Cir. 1990).                                                       





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