- 17 - may, under the principles of Brown & Williamson, be interpreted as altering the precise contours of section 267(a)(2) for purposes of applying the Chevron doctrine. That is, when considered in isolation, section 267(a)(2) may well appear to describe a “matching principle” applicable only to mismatches caused by the payee’s method of accounting, but when the subsequent enactment of section 267(a)(3) is brought to bear on (a)(2)’s meaning, that meaning may thereby have been “shaped” to include something broader, especially if (a)(3) must be construed to harmonize with the rest of the statute and avoid redundancy. Thus, giving due regard to the Supreme Court’s admonition in FDA v. Brown & Williamson Tobacco Corp., supra at 133, to “fit * * * all parts into an harmonious whole” and to consider the effect of subsequent enactments when undertaking step one of a Chevron analysis, we conclude that the meaning of section 267(a)(3) is not clear. If that section is to be construed to avoid redundancy, then the intent of Congress in authorizing regulations thereunder is uncertain. b. Chevron, Second Step In light of our conclusion that section 267(a)(3) is unclear, we proceed to the second step of the Chevron analysis. 5(...continued) 1812(c), 100 Stat. 2834. Both were effective retroactively to taxable years beginning after Dec. 31, 1983. Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 174(c), 98 Stat. 707-708; Tax Reform Act of 1986, Pub. L. 99-514, sec. 1881, 100 Stat. 2914.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011