- 13 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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