- 9 - Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., supra at 842-843. Using the Chevron analysis, we find Congress intended the Secretary to prescribe the regulation as to the form of the election. First, the regulation was prescribed by the Secretary pursuant to the specific grant of authority stated in section 1042(a) that authorizes him to prescribe the form in which “the application of this section with respect to any sale of qualified securities” is to be elected by a taxpayer or executor. Sec. 1042(a). Further, the legislative history of section 1042 states that Congress intended the Secretary to prescribe the form of the election: “Under the bill, the seller’s nonrecognition election is made by filing (as prescribed by the Secretary) an election no later than the due date of the seller’s income tax return for the taxable year in which the sale occurs.” S. Rept. 98-169 (Vol. I), at 333 (1984). With regard to the form of the election, section 1.1042-1T, Temporary Income Tax Regs., supra, is a legislative regulation expressly authorized by the statute. Sec. 1042(a). A legislative regulation is given controlling weight unless it is arbitrary, capricious, or manifestly contrary to the statute. Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., supra at 844. We do not find the regulation to be arbitrary, capricious, or manifestly contrary to section 1042 because the regulation isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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