- 12 - case was submitted for decision in April 1995. In Powell v. Commissioner, T.C. Memo. 1996-264, the Court also held that the taxpayer was liable for the excise tax under section 4980A. There the taxpayer, a teacher employed in the Baltimore and Hagerstown Public Schools until his retirement in 1992, received a distribution (in the form of a transfer refund from the Maryland State Teachers' Retirement System) in 1990. We acknowledge that the argument advanced by petitioner in the present case was not expressly addressed by the Court in Rodoni v. Commissioner, supra; Montgomery v. Commissioner, supra; or Powell v. Commissioner, supra. Nevertheless, we think that the latter three cases are significant because the analysis therein represents an application of the statutory language of section 4980A that applies straightforwardly to the present case. E. Legislative Intent Petitioner also argues that Congress did not intend for the excise tax under section 4980A to apply to amounts distributed under a qualified employer plan to an individual who is not retired. Here, however, we are reminded of the admonition of the Supreme Court that "There is * * * no more persuasive evidence of the purpose of a statute than the words by which the legislature undertook to give expression to its wishes." United States v. American Trucking Associations, 310 U.S. 534, 543 (1940). Thus, where a statute appears to be clear on its face, unequivocalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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