Edward A. Robinson III and Diana R. Robinson - Page 66




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          prescribe regulations relates to section 469 only.  Sec.                     
          469(l)(4); Hughes Intl. Sales Corp. v. Commissioner, 100 T.C.                
          293, 303-304 (1993).                                                         
               Section 1.163-9T, Temporary Income Tax Regs., supra, was                
          promulgated under section 7805.  T.D. 8168, 1988-1 C.B. 80, 83.              
          In the relevant Notice of Proposed Rulemaking, 1988-1 C.B. 926,              
          927, the Commissioner concluded that section 1.163-9T, Temporary             
          Income Tax Regs., supra, is an interpretative regulation.  For               
          purposes of the instant case, we agree with the Commissioner’s               
          conclusion and treat section 1.163-9T, Temporary Income Tax                  
          Regs., supra, as an interpretative regulation.                               
               Although interpretative regulations are entitled to                     
          considerable weight, they are accorded less deference than                   
          legislative regulations, which are issued under a specific grant             
          of authority to address a matter raised by the relevant statute.             
          Chevron U.S.A. v. Natural Res. Def. Council, 467 U.S. 837, 843-              
          844 (1984); United States v. Vogel Fertilizer Co., 455 U.S. 16,              
          24 (1982).  Temporary regulations are accorded the same weight as            
          final regulations.  Peterson Marital Trust v. Commissioner, 102              
          T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d Cir. 1996).                      
               An interpretative regulation is to be upheld if it                      
          “‘implement[s] the congressional mandate in some reasonable                  
          manner.’” United States v. Vogel Fertilizer Co., 455 U.S. at 24              
          (quoting United States v. Correll, 389 U.S. 299, 307 (1967)).  In            






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