Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 9

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          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 is            






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