- 46 - have a nonsensical result. Exxon Corp. v. Commissioner, supra at 728. We held further that the plain meaning rule does not preclude an examination behind the literal terms of the language at issue if the lack of such an examination would compel an odd result. Exxon Corp. v. Commissioner, supra at 728 (citing Public Citizen v. United States, 491 U.S. 440, 454 (1989)). We examined the legislative purpose and history of percentage depletion to ascertain whether and to what extent the statutory framework was consistent with a literal interpretation of the regulation at issue. In so doing, we found that the plain meaning of the regulation, as applied to the facts before us in Exxon Corp., was against clear and longstanding congressional intent. Accordingly, we found that in computing allowance for percentage depletion, it was unreasonable for Exxon to determine its 1979 "gross income from the property" for sales of natural gas, after the gas was transported away from the wellhead, by the method provided for in the last sentence of section 1.613-3(a), Income Tax Regs., the representative market or field price method, where those prices resulted in a "gross income from the property" five times Exxon's actual contract sales revenue. In the instant case, however, the only clear and consistent congressional intent expressed with respect to the possession tax credit regime is the encouragement of U.S. business operations in U.S. possessions. We do not find that the application of thePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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