Bell Federal Savings and Loan Association v. Commissioner of Internal Revenue

HARLINGTON WOOD, Jr., Circuit Judge.

The Commissioner of Internal Revenue (“Commissioner”) appeals the decision of the United States Tax Court that the appellee, Bell Federal Savings and Loan Association (“Bell”), was not deficient in its income tax payments for the taxable year 1978. The Tax Court reached this decision after concluding that 26 C.F.R. § 1.593-6A(b)(5)(vi)-(vii) was invalid and contrary to Congress’s intent. Issued by the Commissioner in 1978, the ordering rules of § 1.593-6A(b)(5)(vi)-(vii) provide that taxpayers such as Bell who utilize the percentage of taxable income method…