-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,
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