Swallows Holding, Ltd. - Page 128

                                        -84-                                          
          Congress is the legislator in our system of Government and when             
          an interpretation must be made of a tax bill enacted into law,              
          both the judicial and executive branches of Governments, the                
          latter acting through the Treasury Department, may render that              
          interpretation in their own constitutionally permitted ways.                
          As one of those ways, however, it is not reasonable for the                 
          Secretary (or anyone else for that matter) to construe a                    
          statute’s unambiguous meaning in a manner contrary to that                  
          intended by Congress in passing the legislation.  Such is                   
          especially so where, as here, the Secretary attempts to                     
          circumvent longstanding judicial decisions that have arrived at             
          the plain meaning of a statute enacted decades before.  After               
          the passage of over a half of a century, during which the law on            
          this subject has remained settled and has been relied upon by               
          both taxpayers and the Government alike, it is simply wrong for             
          the Secretary to attempt to resurrect a failed litigating                   
          position through the issuance of interpretative regulations.31              

               30(...continued)                                                       
          18 months after their due date.  Indeed, the facts in support of            
          an allowance of deductions are even stronger here.  While the               
          taxpayer in Anglo-Am. Direct Tea Trading Co. filed its returns              
          only after respondent discovered that the returns were overdue,             
          petitioner filed its returns before any contact from respondent.            
               31 Congress is the only body that may amend the relevant               
          text.  Respondent makes no assertion that the Secretary ever                
          asked Congress to amend the text to change the holding of                   
          Anglo-Am. Direct Tea Trading Co. v. Commissioner, supra, and its            
          progeny that the text does not include a timely filing                      
                                                             (continued...)           





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