Venture Funding, Ltd. - Page 11

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          wisdom of the Congress in promulgating such a requirement, or to            
          rewrite section 83(h) in a way that is more employer friendly by            
          substituting the word "includable" for the word "included".  As             
          the Court has noted many times before in similar settings, we               
          apply section 83 according to its terms, although such an                   
          application could result in an inequity in a particular case.               
          See Alves v. Commissioner, 79 T.C. at 878, and the cases cited              
          therein, for prior cases in which the Court has applied section             
          83 literally, notwithstanding the inequities that could occur               
          from such an application.  Although the Congress has given the              
          Commissioner broad authority under section 7805(a) to prescribe             
          rules and regulations to implement provisions, including                    
          provisions such as the one at hand which could otherwise be                 
          difficult to meet in practice, the duty and province of this and            
          other courts are to interpret the statute as written.  As the               
          Supreme Court has repeatedly instructed the lower courts for                
          almost 200 years, "where * * * the statute's language is plain,             
          'the sole function of the courts is to enforce it according to              
          its terms.'"  United States v. Ron Pair Enters., Inc., 489 U.S.             
          235, 241 (1989) (quoting Caminetti v. United States, 242 U.S.               
          470, 485 (1917)); see also United States v. Goldenberg, 168 U.S.            
          95, 102-103 (1897); Oneale v. Thornton, 10 U.S. (6 Cranch) 53, 68           
          (1810).  "[C]ourts must presume that a legislature says in a                
          statute what it means and means in a statute what it says there."           
          Connecticut Natl. Bank v. Germain, supra at 253-254.                        




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