Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 31




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            argument is an argument to read the term “[taxes] accrued during                            
            the taxable year” in section 535(b)(1) as meaning “[taxes]                                  
            finally determined for the taxable year”.3  That is a rule that                             
            Congress easily could have stated.  Congress, however, used the                             
            term “taxes accrued”, and the term “accrued” has a settled                                  
            meaning, incorporating the all events test, for Federal income                              
            tax purposes.  See, e.g., sec. 1.446-1(c)(1)(ii)(A), Income Tax                             
            Regs.  In Estate of Goodall v. Commissioner, 391 F.2d 775, 800                              
            (8th Cir. 1968), vacating and remanding T.C. Memo. 1965-154, the                            
            Court of Appeals for the Eighth Circuit gave precisely that                                 
            meaning to the term “accrued” in a predecessor version of section                           
            535(b)(1).  If section 535(b)(1) is not clear on its face, the                              
            Secretary’s interpretation is permissible, since it defines a                               
            term in a way that is reasonable in light of the legislature’s                              
            revealed design.  Chevron U.S.A., Inc. v. Natural Res. Def.                                 
            Council, Inc., 467 U.S. 837, 844 (1984).4  Although policy                                  


                  3  That is, finally determined before the corporation’s                               
            liability for accumulated earnings tax becomes final.                                       
                  4  Petitioner suggests that the Chevron standard of review                            
            should not apply because the accumulated earnings tax is in the                             
            nature of a penalty.  Even if we were to conclude that the final                            
            sentence of sec. 1.535-2(a)(1), Income Tax Regs., is invalid on                             
            that basis, it would not necessarily follow that petitioner would                           
            be entitled to deduct from its 1995 accumulated taxable income                              
            the amount of its 1995 Federal income tax deficiency as                                     
            determined by this Court.  That is, if we were to invalidate the                            
            final sentence of sec. 1.535-2(a)(1), Income Tax Regs., we would                            
            still be required to interpret the meaning of the term “[taxes]                             
            accrued during the taxable year” as used in sec. 535(b)(1).  In                             
            this regard, petitioner offers no support for the proposition                               
                                                                          (continued...)                




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