Edward A. Robinson III and Diana R. Robinson - Page 27




                                       - 115 -                                         
               B.   Redlark                                                            
                    1.   Tax Court                                                     
               In Redlark, we noted that the 9T regulation was an                      
          interpretive, rather than a legislative, regulation.  Redlark v.             
          Commissioner, 106 T.C. at 38.  We respectfully disagreed with the            
          Court of Appeals for the Eighth Circuit’s conclusion and held                
          that the 9T regulation was unreasonable and an impermissible                 
          reading of the statute.  Id. at 47.                                          
               In dissent, Judge Halpern stated that in the absence of                 
          temporary regulations a reasonable interpretation of section                 
          163(h)(2)(A) would include the interest here in question and that            
          deficiency interest attributable to nonemployee trade or business            
          income is not personal interest.  Id. at 65 (Halpern, J.,                    
          dissenting).  In his view, however, we should have upheld the 9T             
          regulation as valid as it was entitled to Chevron deference.  Id.            
          at 66 (Halpern, J., dissenting).                                             
                    2.   Ninth Circuit                                                 
               The U.S. Court of Appeals for the Ninth Circuit, agreeing               
          with the Eighth Circuit, reversed.  Redlark v. Commissioner, 141             
          F.3d at 938, 941.  The Court of Appeals for the Ninth Circuit,               
          like that of the Eighth Circuit, also treated the 9T regulation              
          as a legislative regulation.  Id. at 940.  The court gave the 9T             
          regulation Chevron deference and stated that the issue was                   
          whether the 9T regulation was a permissible interpretation of                
          section 163(h).  Id. at 938.  The Court of Appeals for the Ninth             




Page:  Previous  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  122  123  124  Next

Last modified: May 25, 2011