ASAT, Inc. - Page 26

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          Huntsberry v. Commissioner, 83 T.C. 742, 747-748 (1984).  We may            
          use legislative history to clarify an ambiguous statute.  City of           
          New York v. Commissioner, 103 T.C. 481, 489 (1994), affd. 70 F.3d           
          142 (D.C. Cir. 1995).  Even where the statutory language appears            
          clear, we may seek out any reliable evidence as to legislative              
          purpose. Id.                                                                
               The statute applies to a reporting corporation "If, at any             
          time during a taxable year," it has "transactions" with "related            
          parties".  Sec. 6038A(a).  We have already established that                 
          petitioner was a "reporting corporation" that had "transactions"            
          with a "related party" during the year in issue.  The phrase "If,           
          at any time during a taxable year" relates to the taxable year              
          that the reporting corporation has a transaction with a related             
          party.  Likewise, section 6038A(e)(1) provides in part:                     
               The rules of paragraph (3) [the noncompliance penalty]                 
               shall apply to any transaction between the reporting                   
               corporation and any related party who is a foreign                     
               person unless such related party agrees (in such manner                
               and at such time as the Secretary shall prescribe) to                  
               authorize the reporting corporation to act as such                     
               related party's limited agent * * * [Emphasis added.]                  
          Again, the relevant time period is when the transaction took                
          place.  This interpretation is consistent with the intent of                
          Congress, as shown by legislative history.  Congress intended for           
          the IRS to have access to the information necessary to determine            
          if related party transactions complied with section 482.  The               
          relevant time period for establishing a taxpayer's status as a              
          reporting corporation is when the transaction(s) took place; the            




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