Swallows Holding, Ltd. - Page 97

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          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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