Therese Hahn - Page 19

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          leaving its actual substance intact.  We are not at liberty,                
          however, to rewrite the Internal Revenue Code in that fashion.              
               3.  No Clear and Manifest Intent To Repeal                             
                    a.  Legislative History                                           
               Respondent further argues that the legislative history of              
          the 1981 amendment demonstrates that Congress intended to repeal            
          the effective date of section 2040(b)(1).  Respondent looks to              
          the following language for support:                                         
                    In view of the unlimited marital deduction adopted                
               by the committee bill, the taxation of jointly held                    
               property between spouses is only relevant for                          
               determining the basis of property to the survivor                      
               (under sec. 1014) and the qualification for certain                    
               provisions * * *  Accordingly, the committee believes                  
               it appropriate to adopt an easily administered rule                    
               under which each spouse would be considered to own one-                
               half of jointly held property, regardless of which                     
               spouse furnished the original consideration.  [H. Rept.                
               97-201, at 160 (1981), 1981-2 C.B. 352, 378; see also                  
               S. Rept. 97-144, at 126-127 (1981), 1981-2 C.B. 412,                   
               461.]                                                                  

          Respondent attempts to use this language to demonstrate that                
          Congress intended for the 1981 amendment to repeal the effective            
          date of section 2040(b)(1).                                                 
               This argument must necessarily fail because it does not                
          demonstrate an irreconcilable conflict or that the later act                
          covers the whole subject of the earlier one.  Furthermore, we               
          find nothing in this language indicating that Congress meant to             
          alter or eliminate the effective date of section 2040(b)(1).  See           
          Patten v. United States, supra at 1036 n.5 (noting that the                 





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