Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 23

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          authority vested in the Secretary by section 7805(a).  Although             
          entitled to considerable weight, interpretative tax regulations             
          are accorded less deference than legislative regulations issued             
          under a specific grant of authority.  See Chevron U.S.A., Inc. v.           
          Natural Res. Def. Council, Inc., 467 U.S. 837, 843-844 (1984);              
          United States v. Vogel Fertilizer Co., 455 U.S. 16, 24 (1982).              
          When this Court reviews an interpretative tax regulation, we                
          generally apply the analysis set forth by the Supreme Court in              
          Natl. Muffler Dealers Association v. United States, 440 U.S. 472            
          (1979).  Under Natl. Muffler Dealers Association, an                        
          interpretative regulation is valid if it implements a                       
          congressional mandate in a reasonable manner.  Id. at 476-477;              
          see United States v. Vogel Fertilizer Co., supra at 24 (quoting             
          United States v. Correll, 389 U.S. 299, 307 (1967)).  In Natl.              
          Muffler Dealers Association v. United States, supra at 477, the             
          Supreme Court stated:                                                       
                    In determining whether a particular regulation                    
               carries out the congressional mandate in a proper                      
               manner, we look to see whether the regulation                          
               harmonizes with the plain language of the statute, its                 
               origin, and its purpose.  A regulation may have                        
               particular force if it is a substantially                              
               contemporaneous construction of the statute by those                   
               presumed to have been aware of congressional intent.                   
               If the regulation dates from a later period, the manner                
               in which it evolved merits inquiry.  Other relevant                    
               considerations are the length of time the regulation                   
               has been in effect, the reliance placed on it, the                     
               consistency of the Commissioner’s interpretation, and                  
               the degree of scrutiny Congress has devoted to the                     
               regulation during subsequent re-enactments of the                      
               statute.                                                               





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