- 8 - statute to override the plain meaning of the words used therein. See Hirasuna v. Commissioner, 89 T.C. 1216, 1224 (1987); Huntsberry v. Commissioner, 83 T.C. 742, 747-748 (1984). The legislative history of the statutes relevant to this case contains no evidence that Congress intended that there be any adjustment to account for inflation. As with the statutes, the regulations also contain no mention of inflation adjustments. The regulations under section 72 are interpretative regulations. Such regulations must be upheld “unless unreasonable and plainly inconsistent with the revenue statutes”. Commissioner v. South Tex. Lumber Co., 333 U.S. 496, 501 (1948). The regulations under section 72 are not unreasonable and are not plainly inconsistent with the statute with respect to the issue presented in the instant case. The regulations promulgated under section 72 are of long standing, originally adopted on November 14, 1956, by T.D. 6211, 1956-2 C.B. 29. While there have been numerous amendments to the regulations, none have affected the issue at bar. With respect to the longevity of these regulations, the Supreme Court has stated that long-standing rules should not be overruled except for weighty reasons. See Commissioner v. Sternberger’s Estate, 348 U.S. 187, 199 (1955). As discussed below, there are no such weighty reasons in the instant case. While there are no cases directly on point dealing withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011