- 97 - 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.Page: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
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