Kenneth L. Nordtvedt - Page 8




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          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 with                






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