-65- Applebaum v. Commissioner, 724 F.2d 375, 381-382 (3d Cir. 1983) (Adams, J., concurring), affg. T.C. Memo. 1982-278. Courts “are not obliged to stand aside and rubber-stamp their affirmance of administrative decisions that they deem inconsistent with a statutory mandate or that frustrate the congressional policy underlying a statute”. NLRB v. Brown, 380 U.S. 278, 291 (1965); accord FEC v. Democratic Senatorial Campaign Comm., 454 U.S. 27, 32 (1981). C. Application of Natl. Muffler We also conclude that the Secretary’s interpretation of a timely filing requirement is unreasonable under an analysis of the considerations discussed in Natl. Muffler Dealers Association v. United States, 440 U.S. at 477. That case requires that we take into account the following considerations: (1) Whether the regulation is a substantially contemporaneous construction of the statute by those presumed to have been aware of congressional intent; (2) the manner in which a regulation dating from a later period evolved; (3) the length of time that the regulation has been in effect; (4) the reliance placed upon the regulation; (5) the consistency of the Secretary’s interpretation; and 21(...continued) nonresident aliens owning property in the United States that their “allocable deductions * * * may be relatively large” and that not allowing such deductions “may result in quite heavy tax burdens”).Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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