-53-
389 U.S. 299, 306-307 (1967). The authority delegated to the
Secretary, however, is not limitless and, if exercised
improperly, may usurp the role of Congress as the legislator in
our system of Government. The Secretary’s authority to issue
regulations is not the power to make law; it is the power to
carry into effect the will of Congress as expressed in the
statute under which the regulations are prescribed. See
Manhattan Gen. Equip. Co. v. Commissioner, 297 U.S. 129, 134-135
(1936). When a statute’s provisions are unambiguous, and its
directive is specific, the Secretary has no power to amend that
statute by regulation. See Koshland v. Helvering, 298 U.S. 441,
447 (1936).
IX. This Court’s Review of an Interpretative Regulation
This Court is empowered to invalidate a regulation that
exceeds the authority of the Secretary to issue it. See, e.g.,
Profl. Equities, Inc. v. Commissioner, 89 T.C. 165 (1987); Estate
of Pullin v. Commissioner, supra; Stephenson Trust v.
Commissioner, 81 T.C. 283, 288 (1983); Estate of Boeshore v.
Commissioner, 78 T.C. 523, 527 (1982); Washington v.
Commissioner, 77 T.C. 656 (1981), affd. 692 F.2d 128 (D.C. Cir.
1982). When this Court reviews an interpretative Federal tax
regulation, we generally apply the analysis set forth by the
Supreme Court in Natl. Muffler Dealers Association v. United
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