- 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 NinthPage: 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