Edward A. Robinson III and Diana R. Robinson - Page 14




                                       - 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).                          




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