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the estate’s NOLs and the unused NOLs that the estate succeeded
to are governed by section 1398(j)(2). That section provides:
(2) Treatment of certain carrybacks.--
(A) Carrybacks from estate.--If any carryback year
of the estate is a taxable year before the estate’s
first taxable year, the carryback to such carryback
year shall be taken into account for the debtor's
taxable year corresponding to the carryback year.
(B) Carrybacks from debtor's activities.--The
debtor may not carry back to a taxable year before the
debtor’s taxable year in which the case commences any
carryback from a taxable year ending after the case
commences.
The interpretation of the phrase “the debtor shall succeed
to and take into account the items referred to in paragraphs (1)
* * * of subsection (g)” in section 1398(i) is critical to the
resolution of this case. In determining the meaning of a
statutory provision such as this, the plain meaning of the
provision is ordinarily conclusive. United States v. Ron Pair
Enters., Inc., 489 U.S. 235, 242 (1989). Such a plain meaning
must be ascertained in light of the object and structure of the
statute as a whole. Crandon v. United States, 494 U.S. 152, 158
(1990); K Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 (1988).
Bearing in mind the language and design of the statute as a
whole, we focus on three portions of the emphasized phrase, see
supra note 2, in section 1398(i). First, Congress chose to
2(...continued)
that the transfer is from the estate to the debtor
instead of from the debtor to the estate). * * *
[Emphasis added.]
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