- 26 - 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; thePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011