Square D Company and Subsidiaries - Page 17




                                       - 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