-97- As the Court of Appeals for the Seventh Circuit explained in Bell Fed. Sav. & Loan Association v. Commissioner, 40 F.3d 224, 230 (7th Cir. 1994), revg. T.C. Memo. 1991-368: However, neither * * * [the taxpayer] nor the tax court has pointed to any occasion when Congress even mentioned the old--or new--regulation. This fact is important to the workings of the re-enactment doctrine for a relevant factor in a court’s review is “the degree of scrutiny Congress has devoted to the regulation during subsequent re-enactments of the statute.” * * * [Citing National Muffler Dealers Assoc., Inc. v. United States, 440 U.S. 472, 477 (1979).] The regulations and statutes involved in this area are too complex for us to venture to assume Congress’s intent through its silence. Therefore, we choose to not second- guess the Treasury on this matter. The Sixth Circuit was correct when it stated: The re-enactment doctrine is merely an interpretive tool fashioned by the courts for their own use in construing ambiguous legislation. It is most useful in situations where there is some indication that Congress noted or considered the regulations in effect at the time of its action. Otherwise, the doctrine may be as doubtful as the silence of the statutes and legislative history to which it is applied. * * * [Quoting Peoples Fed. Sav. & Loan Association v. Commissioner, 948 F.2d 289, 302-303 (6th Cir. 1991), revg. T.C. Memo. 1990-129.] We also have applied this particular limitation to the legislative reenactment doctrine. In Ashland Oil, Inc. v. Commissioner, 95 T.C. 348, 363 (1990),3 we refused to apply the 3 We also have stated that, “we do not believe that the legislative reenactment doctrine can be applied to bar reasonable amendments to regulations where * * * the change is made only prospectively from the date of the announcement of the proposed change.” Wendland v. Commissioner, 79 T.C. 355, 384 (1982), affd. sub nom. Redhouse v. Commissioner, 728 F.2d 1249 (9th Cir. (continued...)Page: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
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