Lear Eye Clinic, Ltd., et al. - Page 11

                                                   11                                                     
            Lenz v. Commissioner, 101 T.C. 260, 265 (1993).  We must rely on                              
            the words of the statute as generally understood, for to do                                   
            otherwise would be to redraft the statute.  United States v.                                  
            Locke, supra at 93, 95-96; Lenz v. Commissioner, supra at 265                                 
            (citing United States v. American Trucking Associations, Inc.,                                
            supra at 542-543).                                                                            
                  In interpreting any statue, we attempt to determine                                     
            Congress' intent in using the statutory language being construed.                             
            United States v. American Trucking Associations, Inc., supra at                               
            542; Helvering v. Stockholms Enskilda Bank, 293 U.S. 84, 93-94                                
            (1934); General Signal Corp. & Subs. v. Commissioner, 103 T.C.                                
            216, 240 (1994).  Moreover, where the statute is ambiguous, we                                
            may look to its legislative history and to the reason for its                                 
            enactment.  United States v. American Trucking Associations,                                  
            Inc., supra at 543-544; U.S. Padding Corp. v. Commissioner, 88                                
            T.C. 177, 184 (1987), affd. 865 F.2d 750 (6th Cir. 1989).  In                                 
            addition, we may seek out any reliable evidence as to the                                     
            legislative purpose even where the statute is clear.  United                                  
            States v. American Trucking Associations, Inc., supra; Centel                                 
            Communications Co. v. Commissioner, 92 T.C. 612, 628 (1989),                                  
            affd. 920 F.2d 1335 (7th Cir. 1990).                                                          
                  The relevant language in section 415(b)(5) includes "In the                             
            case of an employee who has less than 10 years of service with                                
            the employer".  There is no dispute that the years of service                                 
            with the business organization that established and maintained                                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011