Edward A. Robinson III and Diana R. Robinson - Page 123




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          regulations were promulgated pursuant to the Commissioner’s                  
          section 7805(a) general power to promulgate interpretative                   
          regulations.  An interpretative regulation warrants less                     
          deference than legislative regulation.  United States v. Vogel               
          Fertilizer Co., 455 U.S. 16, 24 (1982).  Congress did grant the              
          Commissioner the power to enact legislative regulations with                 
          respect to some provisions of section 163, but not with regard to            
          section 163(h)(2)(A).3  The Commissioner has not promulgated                 
          permanent regulations despite the fact that this temporary                   
          regulation was first promulgated in 1987.                                    
               Finally, the majority’s validation of section 1.163-                    
          9T(b)(2)(I)(A), Temporary Income Tax Regs., supra, begs a                    
          significant policy question, and that is whether Congress ever               
          intended to deny individuals doing business through sole                     
          proprietorships the advantages they would enjoy had they engaged             
          as a corporate form.  See Redlark v. Commissioner, 106 T.C. 31,              
          40-41 (1996).  In the year before 1986 TRA was enacted, there                
          were 11,928,738 nonfarm sole proprietorship returns filed with               
          the Internal Revenue Service,4 and as of 1999, there were                    
          17,575,643 nonfarm sole proprietorship returns filed with the                


               3See Judge Swift’s dissent pp. 103-104 and see generally                
          Judge Vasquez’s dissent.                                                     
               4Statistics of Income Bulletin, Vol. 20, no. 1, from table              
          10.–Nonfarm sole proprietorship returns: selected income                     
          statement items for specified income years, 1980-1998, Summer                
          2000.                                                                        





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