- 50 - LARO, J., dissenting: The Court’s opinion concludes supra p. 29 that respondent’s interpretation of section 1433(b)(2)(A) of the Tax Reform Act of 1986 (TRA 1986), Pub. L. 99-514, 100 Stat. 2731, “is a reasonable and valid interpretation of the plain language of TRA 1986 section 1433(b)(2)(A)”. Because I disagree, I dissent.1 As the Courts of Appeals for the Eighth and Ninth Circuits held in Simpson v. United States, 183 F.3d 812 (8th Cir. 1999), and Bachler v. United States, 281 F.3d 1078 (9th Cir. 2002), factual settings that the Court’s opinion supra pp. 15 and 17 acknowledges are “nearly identical” to the factual setting at hand, the plain reading of TRA 1986 section 1433(b)(2)(A) leads to a conclusion contrary to that expressed in the Court’s opinion. The conclusion in the Court’s opinion is 1 Following a prior judicial decision rejecting respondent’s interpretation of TRA 1986 sec. 1433(b)(2)(A) as inconsistent with the plain reading of that section, respondent caused his interpretation to be prescribed in sec. 26.2601-1(b)(1)(i), GST Tax Regs. The Court’s opinion supra p. 21 frames this case as “a question of first impression concerning the validity of section 26.2601-1(b)(1)(i), GST Tax Regs.” I view this case differently. In a case such as this, where the question involves an “interpretation of the plain language” of a statute, respondent’s interpretation of that language is not entitled to any greater respect simply because respondent has bootstrapped his interpretation by causing it to be prescribed in a regulation. The judiciary, and not respondent (or the Secretary), is the final authority on the plain meaning of a statute. See Rubin v. United States, 449 U.S. 424, 430 (1981); Volkswagenwerk v. FMC, 390 U.S. 261, 272 (1968); FTC v. Colgate-Palmolive Co., 380 U.S. 374, 385 (1965). While Natl. Cable & Telecomm. Association v. Brand X Internet Servs., 545 U.S. 967 (2005), allows an agency in certain cases to overrule an adverse judicial interpretation through the issuance of regulations, that case is inapplicable where, as here, the judicial interpretation follows from the unambiguous terms of the statute.Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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