- 10 - corporation during the taxable year. Sec. 1366(f)(2).5 Thus, the loss arising from the section 1374 tax is a subchapter S item under section 301.6245-1T(a)(1)(i), Temporary Proced. & Admin. Regs., supra. Petitioner’s contention that the regulation is illogical fails to meet the Chevron standard under which we invalidate a regulation if it is arbitrary, capricious, or contrary to the statute. See also United States v. Mead Corp., 533 U.S. ___, ___, 121 S. Ct. 2164, 2171 (2001) (“administrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that Congress delegated authority to the agency generally to make rules carrying the force of law, and that the agency interpretation claiming deference was promulgated in the exercise of that authority”). We reject petitioner’s contention that section 301.6245-1T(a)(1)(vi)(G), Temporary Proced. & Admin. Regs., supra, is arbitrary, capricious, or manifestly contrary to section 6245. F. Conclusion Under section 6245, as already noted, the unified audit and 5 Sec. 1366(f)(2) provides as follows: (2) Treatment of tax imposed on built-in gains.– If any tax is imposed under section 1374 for any taxable year on an S corporation, for purposes of subsection (a), the amount so imposed shall be treated as a loss sustained by the S corporation during such taxable year. The character of such loss shall be determined by allocating the loss proportionately among the recognized built-in gains giving rise to such tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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