Swallows Holding, Ltd. - Page 96

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          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,                






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