-52- 1.882-4(a)(3)(ii), Income Tax Regs. Section 1.882-4(a)(3)(ii) and (iii), Income Tax Regs., as finalized in the 2003 regulations, is effective for open years for which a request for a waiver is filed on or after January 29, 2002. See sec. 1.882-4(a)(3)(iv), Income Tax Regs. In the case of the subject returns, the 18-month deadlines are May 15, 1996, 1997, and 1998, respectively (i.e., 18 months after the 15th day of the sixth month after the close of the taxable year). VIII. Secretary’s Authority To Issue Regulations The Secretary may issue two types of regulations. See Tutor-Saliba Corp. v. Commissioner, 115 T.C. 1, 7 (2000); Estate of Pullin v. Commissioner, 84 T.C. 789, 795 (1985); see also E.I. duPont de Nemours & Co. v. Commissioner, 41 F.3d 130, 135 (3d Cir.), affg. 102 T.C. 1 (1994). The first type, legislative regulations, are issued pursuant to a specific delegation from Congress to the Secretary. The second type, interpretative regulations, are issued under the general authority vested in the Secretary under section 7805(a). Respondent acknowledges that the disputed regulations are interpretative regulations. Section 7805(a) reflects a broad delegation of general authority from Congress to the Secretary to prescribe all needful rules and regulations for the enforcement of the Internal Revenue Code. See United States v. Correll,Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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