- 103 - Consistent with the above statement quoting Skidmore, and before concluding whether the particular agency rulings involved therein (of the Environmental Protection Agency and of the U.S. Customs Service, respectively) were entitled to Chevron type deference, in both Chevron and Mead the Supreme Court reviewed the very “detailed and reasoned” historical aspects of the E.P.A. ruling (Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., supra at 865), and the many “angles” of the classification ruling procedures of the U.S. Customs Service (United States v. Mead Corp., supra at 231).1 In the instant case, however, with regard to respondent’s promulgation of section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987), there is scant indication of respondent’s deliberations and degree of care exercised prior to promulgation of the temporary regulation. No history of the development of the temporary regulation is available. No hearing was held. No notice and comment were provided. No proposed regulation was made available. No history of respondent’s development of the policy position reflected in the temporary regulation is available. It appears to me that the statement in the 1987 Blue Book, discussed infra, and respondent’s failed litigating position in years prior to 1986 as 1 See Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, part VI at 853-859 (1984); United States v. Mead Corp., 533 U.S. 218, part B at 231-234 (2001).Page: Previous 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Next
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