- 14 - Thus, in the first step of a Chevron analysis we must ascertain whether the statute is clear and unambiguous, and in the second step we consider whether, given ambiguities in the statute, the regulation is based on a permissible construction of the statute. The agency’s choice among permissible constructions is entitled to deference. Holly Farms Corp. v. NLRB, 517 U.S. 392, 398-399 (1996). Indeed, where as here the regulation is legislative in character, it must be upheld unless “arbitrary, capricious, or manifestly contrary to the statute”. Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., supra at 844; N.Y. Football Giants, Inc. v. Commissioner, 117 T.C. 152, 156 (2001); Peterson Marital Trust v. Commissioner, 102 T.C. 790, 797-798 (1994), affd. 78 F.3d 795 (2d Cir. 1996). 5. Analysis a. Chevron, First Step In Tate & Lyle I, we concluded that the statutory language of section 267(a)(3) is clear; namely, that it authorizes regulations to limit deductions only where a mismatch of a deduction and corresponding income inclusion results from the payee’s method of accounting because, we reasoned, “the matching principle of paragraph (2)” covers only mismatches attributable to that cause. The Supreme Court recently provided additional guidance for administering the first step of the Chevron test in FDA v. BrownPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011