142
Breyer, J., dissenting
the fact that when administration expenses are taken as a deduction against the estate tax, their value is not discounted. Were the Commissioner to defend the dollar-for-dollar position in some such way, her approach might prove reasonable. And this Court will defer to longstanding interpretations of the Code and Treasury Regulations, see supra, at 138-139, that reasonably "implement the congressional mandate." United States v. Correll, 389 U. S. 299, 307 (1967); see National Muffler Dealers Assn., Inc. v. United States, 440 U. S. 472, 488 (1979). Regardless, I would not decide this matter now, for it has not been argued to us.
Finally, although I agree with much that Justice O'Connor has written, I cannot agree that the amount at issue— almost $1.5 million of administration expenses deducted from income—is insignificant hence immaterial; and I can find no concession to that effect in the courts below.
For these reasons and those set forth by Justice Scalia, I would reverse the Court of Appeals.
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