Richard D. Warren and Elizabeth K. - Page 16




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          however, disregards “rental” as a modifier of “allowance” and               
          thereby renders superfluous a portion of the statute.  While the            
          majority correctly emphasizes that section 107(2) is applicable             
          to a rental allowance used for payment either of rent or of other           
          expenses and purchases involved in providing a home, the majority           
          fails to address the requirement that the funds so used must, as            
          a threshold matter, qualify as the equivalent of a rental                   
          allowance.  The statute does not simply say that an allowance, or           
          even a housing allowance or a residence allowance, used to                  
          provide a home may be excluded.  Rather, the law states that                
          gross income does not include a rental allowance so used.  The              
          majority’s interpretation effectively writes this term out of               
          section 107(2).                                                             
               I am convinced that the choice and use of “rental” as a                
          modifier indicates that Congress envisioned an exclusion with a             
          correlation to rental value.  I further believe that the title of           
          section 107, “RENTAL VALUE OF PARSONAGES”, offers additional                
          support for this conclusion.  I do not dispute that, as the                 
          majority observes, a section heading cannot limit the plain                 
          meaning of the text, but here the title serves to reiterate the             
          importance and purpose of a word expressly included in the                  
          provision.                                                                  
               I also feel that the reference in the text of section 107(2)           
          to the rental allowance as “part” of the minister’s compensation            
          is instructive.  No one would seriously contend that the phrase             




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