- 8 - Discussion A. Secretary’s Authority Under Section 267(a)(3) 1. Introduction We must decide whether petitioner, an accrual basis taxpayer, may deduct the interest at issue during the taxable years in which the interest was accrued or must delay the deductions until the taxable years in which the interest was actually paid. The answer to the question hinges on the validity of section 1.267(a)-3, Income Tax Regs., as that section applies to the interest in the instant case. In general, the regulation would prevent petitioner from deducting the interest until the amounts are actually paid. Not surprisingly, respondent argues in favor of the validity of the regulation, while petitioner argues against it. We considered the identical issue in Tate & Lyle, Inc. v. Commissioner, 103 T.C. 656 (1994) (Tate & Lyle I), revd. and remanded 87 F.3d 99 (3d Cir. 1996) (Tate & Lyle II), in which we held that the regulation was invalid. In light of the reversal by the Court of Appeals for the Third Circuit, we reconsider our holding. We now hold that the regulation is valid as a permissible construction of the statutory language that authorizes it. To the extent our opinion in Tate & Lyle I is inconsistent, we will no longer follow it. 2. Statutory and Regulatory Provisions Section 1.267(a)-3, Income Tax Regs., is a legislativePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011