-87-
882(c)(2) preempted respondent’s regulatory authority to
promulgate in 1990 a specific administrative rule with regard to
section 882(c)(2). See Chevron U.S.A., Inc. v. Natural Res.
Def. Council, Inc., 467 U.S. 837, 843-844 (1984).
In light of Natl. Cable, we should be focusing herein on an
analysis of the reasonableness of the filing deadline reflected
in section 1.882-4(a)(2) and (3)(i) and (ii), Income Tax Regs.,
as promulgated in 1990, vis-a-vis the filing deadline reflected
in the court opinions that had been extant for approximately 50
years. The majority opinion’s analysis, see majority op. pp.
65-69, however, of the reasonableness of the 1990 regulation is
quite inadequate.
For the reasons set forth in the discussion below, section
1.882-4(a)(2) and (3)(i) and (ii), Income Tax Regs., constitutes
a reasonable administrative rule promulgated by the Commissioner
and the Treasury Department and reasonably fills in a gap in the
statutory language of section 882(c)(2).
(2) The 1930s and 1940s court opinions adopted and applied
a tax return filing deadline to the ability of foreign
corporations to qualify for deductions and credits under the
predecessor of section 882(c)(2). The court opinions in Taylor
Sec., Inc. v. Commissioner, 40 B.T.A. 696 (1939); Ardbern Co. v.
Commissioner, 120 F.2d 424 (4th Cir. 1941), modifying and
remanding 41 B.T.A. 910 (1940); Blenheim Co. v. Commissioner,
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