- 40 - 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)). InPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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