- 104 - to the deductibility of income tax deficiency interest relating to an individual’s trade or business (see cases cited infra note 7) are the only historical “angles” that would support the per se disallowance rule of section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., supra. That being the case, Chevron type deference is hardly appropriate. Of the Courts of Appeals that have addressed the issue before us, two inappropriately treat section 1.163- 9T(b)(2)(i)(A), Temporary Income Tax Regs., supra, as a legislative regulation. See Redlark v. Commissioner, 141 F.3d 936, 940 (9th Cir. 1998); Miller v. United States, 65 F.3d 687, 690 (8th Cir. 1995). To the contrary, where it so intends, Congress knows how to specifically delegate legislative regulatory authority with regard to tax legislation, and nowhere in section 163(h) do we find such a delegation. For examples of such specific delegation of legislative authority within just the other subsections of section 163, see section 163(f)(2)(C) (involving interest expense on certain types of obligations that are not in registered form); section 163(i)(5) (involving interest expense on certain types of corporate debt instruments with substantial original issue discount); and section 163(l)(5) (involving interest expense on certain types of corporate indebtedness payable in the equity of the debtor). Although upholding it, the Court of Appeals for the Seventh Circuit noted its concern with regard to the deference to bePage: Previous 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Next
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