Square D Company and Subsidiaries - Page 13




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          Def. Council, Inc., 467 U.S. 837 (1984), the challenged                     
          regulation need only represent a permissible construction of                
          section 267(a)(3).  Based on a review of the legislative history,           
          the Court of Appeals concluded that section 1.267(a)-3, Income              
          Tax Regs., was a permissible construction and therefore valid,              
          rejecting our view that the regulation was manifestly contrary to           
          the statute.                                                                
               4. Chevron                                                             
               In light of the Court of Appeals’ reversal, we reconsider              
          our holding in Tate & Lyle I.  Because we are reviewing                     
          respondent’s construction of a statute he administers, our                  
          analysis is governed by Chevron.  Chevron U.S.A., Inc. v. Natural           
          Res. Def. Council, Inc., supra; see also Bankers Life & Cas. Co.            
          v. United States, 142 F.3d 973 (7th Cir. 1998) (Chevron doctrine            
          applies to tax regulations, whether legislative or interpretive).           
          Under Chevron, when reviewing an agency’s regulatory                        
          implementation of a statute, we look first to the intent of                 
          Congress.  If Congressional intent is clear, our inquiry ends,              
          and we simply apply the clear intent of Congress.  However, if              
          Congressional intent is not clear, the question is whether the              
          regulation is based on a permissible construction of the statute.           
          Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., supra at           
          842-843.                                                                    








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