P.D.B. Sports, Ltd., Bowlen Sports, Inc., Tax Matters Partner - Page 16

                                       - 16 -                                         
          such as a partnership.  Section 1056 has not previously been                
          considered by any court.  Significantly, although regulations are           
          mandated in the statute, since its enactment 20 years ago, none             
          have been issued.  The absence of regulations (interpretative or            
          legislative), however, does not limit our ability to interpret              
          the statute and decide the issues presented in this case.                   
               In construing a statute, we generally give effect to the               
          plain and ordinary meaning of its language.  United States v.               
          Locke, 471 U.S. 84, 93, 95-96 (1985); United States v. American             
          Trucking Associations, Inc., 310 U.S. 534, 543 (1940).  Words               
          with a fixed legal or judicially settled meaning, on the other              
          hand, generally must be presumed to have been used in that sense            
          unless such an interpretation would lead to absurd results.  See            
          United States v. Merriam, 263 U.S. 179, 187 (1923); Lenz v.                 
          Commissioner, 101 T.C. 260, 265 (1993).  Our principal objective            
          in interpreting any statute is to determine Congress' intent in             
          using the statutory language being construed.  United States v.             
          American Trucking Associations, Inc., supra at 542; General                 
          Signal Corp. & Subs. v. Commissioner, 103 T.C. 216, 240 (1994),             
          supplemented by 104 T.C. 248 (1995).  When a statute is                     
          ambiguous, we may look to its legislative history and the                   
          purposes for its enactment.  United States v. Ron Pair Enters.,             
          Inc., 489 U.S. 235, 241 (1989); Peterson Marital Trust v.                   
          Commissioner, 102 T.C. 790, 799 (1994), affd. 78 F.3d 795 (2d               






Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011