-17- Accordingly, the argument goes, the entire section 2040(b) was changed by the 1981 amendment. "It is, of course, a cardinal principle of statutory construction that repeals by implication are not favored." United States v. United Continental Tuna Corp., 425 U.S. 164, 168 (1976). Nonetheless, an implied repeal may be found in certain limited circumstances: (1) Where provisions in the two acts are in irreconcilable conflict, the later act to the extent of the conflict constitutes an implied repeal of the earlier one; and (2) if the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate similarly as a repeal of the earlier act. But, in either case, the intention of the legislature to repeal must be clear and manifest. * * * [Radzanower v. Touche Ross & Co., 426 U.S. 148, 154 (1976) (quoting Posadas v. National City Bank, 296 U.S. 497, 503 (1936)).] 1. No Irreconcilable Conflict Respondent argues that the statutory provisions in issue here are irreconcilably in conflict because under the 1981 amendment the point in time that a joint interest was created is irrelevant, whereas the 1976 amendment applied only to "qualified joint interests" created after December 31, 1976. Respondent asserts that under the 1981 amendment, Congress "created a single, simple rule of universal application and consistent results". Statutory provisions, however, are not irreconcilably in conflict unless there is a positive repugnancy between them orPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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