- 12 - Petitioner counters that section 301.6320-1(b)(1) and (2), Proced. & Admin. Regs., is an interpretative regulation promulgated under section 7805(a)4 that is entitled to very little deference and, in any event, the regulation is inconsistent “with the letter and the spirit of Section 6320.” It is well settled that an interpretative Treasury Department regulation is valid if it implements a congressional mandate in a reasonable manner. See Natl. Muffler Dealers Association, Inc. v. United States, 440 U.S. 472, 476-477 (1979) (citing United States v. Cartwright, 411 U.S. 546, 550 (1973)). An interpretative Treasury Department regulation is reasonable under Natl. Muffler Dealers Association, Inc. v. United States, supra, if it "harmonizes with the plain language of the statute, its origin, and its purpose." Id. at 477; see also United States v. Vogel Fertilizer Co., 455 U.S. 16, 26 (1982). As previously discussed, the language of section 6320 does not address explicitly the precise point we must decide in this case. Where a statute is ambiguous or silent, we may look to the statute’s legislative history to determine congressional intent. See, e.g., Burlington N. R.R. v. Okla. Tax Commn., 481 U.S. 454, 461 (1987). In this case, Congress directly addressed the question at issue in the legislative history underlying section 4 Sec. 7805(a) provides in pertinent part that “the Secretary shall prescribe all needful rules and regulations for the enforcement of this title”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011