Square D Company and Subsidiaries - Page 8




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          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 legislative                 






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