Edward A. Robinson III and Diana R. Robinson - Page 15




                                       - 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 be                 




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