- 8 - the corporate level, specifically including the section 1374 built-in gains tax. Petitioner contends that the regulation is invalid because it subjects the corporate entity to unified audit and litigation procedures. Petitioner contends in the alternative that the section 1374 tax is not a subchapter S item of the corporation but rather an S item of the shareholders. To support this, petitioner contends that the built-in gains tax is a subchapter S item only to the extent it affects (i.e., reduces) the share of net income passed through to each of the S corporation’s shareholders. E. Whether Sec. 301.6245-1T, Temporary Proced. & Admin. Regs., Is Invalid Section 301.6245-1T, Temporary Proced. & Admin. Regs., supra, was promulgated pursuant to a specific grant of authority in section 6245. As a legislative regulation, it is entitled to greater deference than an interpretative regulation promulgated under the Secretary’s general rulemaking power under section 7805(a), Peterson Marital Trust v. Commissioner, 102 T.C. 790, 797-798 (1984), affd. 78 F.3d 795 (2d Cir. 1996), and is invalid only if it is arbitrary, capricious, or manifestly contrary to the statute, Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 844 (1984). Citing Goodson-Todman Enters., Ltd. v. Commissioner, 784 F.2d 66, 73-74 (2d Cir. 1986), affg. 84 T.C. 255 (1985),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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