- 12 - T.D. 8346, 1991-1 C.B. at 165. The Commissioner included no requirement in the regulations that the particular replacement property to be received by a taxpayer be determined by contingencies beyond the control of the parties to the exchange. Sec. 1.1031(k)-1(c), Income Tax Regs., T.D. 8346, 1991-1 C.B. at 156. Petitioner argues that section 1031(a)(3)(A) does not expressly limit to less than 20 the number of replacement properties that may be designated and that the exchange of petitioner’s interest in RPDS for Hillview complied with the literal language of section 1031(a)(3). We agree. As the regulations are not before us, the issue presented in the instant case is one of statutory interpretation. In construing section 1031(a)(3)(A), our task is to give effect to the intent of Congress, and we must begin with the statutory language, which is the most persuasive evidence of the statutory purpose. United States v. American Trucking Associations, Inc. 310 U.S. 534, 542-543 (1940). Ordinarily, the plain meaning of the statutory language is conclusive. United States v. Ron Pair Enters., Inc., 489 U.S. 235, 241-242 (1989). Where a statute is silent or ambiguous, we may look to legislative history in an effort to ascertain congressional intent.2 Burlington No. R. Co. 2 Of course, even where the statutory language appears to be clear, we are not precluded from consulting legislative history. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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