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