Edward A. Robinson III and Diana R. Robinson - Page 67




                                        - 41 -                                         
          making this determination, we employ the following analysis set              
          forth by the Supreme Court:                                                  
               Under the formulation now familiar, when we confront an                 
               expert administrator’s statutory exposition, we inquire                 
               first whether “the intent of Congress is clear” as to                   
               “the precise question at issue.”  Chevron U.S.A. Inc.                   
               v. Natural Resources Defense Council, Inc., 467 U.S.                    
               837, 842 (1984).  If so, “that is the end of the                        
               matter.”  Ibid.  But “if the statute is silent or                       
               ambiguous with respect to the specific issue, the                       
               question for the court is whether the agency’s answer                   
               is based on a permissible construction of the statute.”                 
               Id., at 843.  If the administrator’s reading fills a                    
               gap or defines a term in a way that is reasonable in                    
               light of the legislature’s revealed design, we give the                 
               administrator’s judgment “controlling weight.”  Id., at                 
               844.  [NationsBank of N.C., N.A. v. Variable Annuity                    
               Life Ins. Co., 513 U.S. 251, 257 (1995).]                               
          Accordingly, we must first consider the statute and determine                
          whether section 163(h)(2)(A) is silent or ambiguous with respect             
          to the issue before us.  If we conclude that it is, then we must             
          consider the Secretary’s regulatory interpretation of section                
          163(h)(2)(A) on this issue and determine whether that                        
          interpretation represents a permissible construction of the                  
          statute.  We address each of these considerations in turn.                   
               (2) Silence or Ambiguity                                                
               As set forth supra, the relevant inquiry in the instant case            
          is whether petitioners’ interest on their 1987 income tax                    
          underpayment is “properly allocable to a trade or business”.                 
               We have concluded (supra F (5) Conclusions From the Statute             
          and the History of the Legislation) that the statutory text does             
          not on its face provide the answer to the question before us.  By            





Page:  Previous  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: May 25, 2011