- 121 - We have previously avoided, pre-Mead, the question of whether temporary regulations promulgated without notice-and- comment procedures are entitled to Chevron deference. UnionBanCal Corp. v. Commissioner, 113 T.C. 309, 316-317 (1999). We also have previously questioned, pre-Mead, whether Chevron applies to interpretive regulations. Cent. Pa. Sav. Association v. Commissioner, supra at 391 (citing E.I. duPont de Nemours & Co. v. Commissioner, 41 F.3d 130 (3d Cir. 1994), affg. 102 T.C. 1 (1994)). The question of what deference interpretive regulations, including temporary regulations issued without notice-and-comment procedures, are entitled needs to be answered in light of Mead. The first question in the Mead analysis is whether Congress delegated authority to the agency to make rules carrying the force and effect of law. United States v. Mead Corp., supra at 226-227; Pool Co. v. Cooper, supra at 177 n.3. The second question is whether the agency invoked that authority. United States v. Mead Corp., supra; Pool Co. v. Cooper, supra. In this case, however, even assuming that we were to answer the first question in the affirmative, we must answer the second question-- whether the agency invoked the authority delegated--in the negative for the reasons set forth below. Regulations are either legislative or interpretive in character. Tutor-Saliba Corp. v. Commissioner, 115 T.C. 1, 7 (2000). Interpretive regulations are promulgated under thePage: Previous 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Next
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