- 31 - 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...)Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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