-20- legislative history provides little guidance).12 Accordingly, respondent's appeal to legislative history is unavailing. b. Potential for Abuse Respondent also speculates about the potential for abuse in the situation where the surviving spouse furnished the entire consideration for the jointly held property. Respondent posits that the estate of the deceased joint tenant has an "election" to purposely fail to carry its burden of proving that the survivor furnished any of the consideration for the joint interest. This would result in 100 percent of the property being included in the decedent's gross estate under section 2040(a), and, according to respondent, a corresponding step-up in basis for 100 percent of the property for the survivor, with no concurrent increase in estate tax (because of the unlimited marital deduction). Respondent argues that Congress could not have intended this result, and, therefore, the 1981 amendment impliedly repealed the effective date of section 2040(b)(1). Again, respondent's argument fails to establish either an irreconcilable conflict or that the later act covers the whole subject of the earlier one. Moreover, respondent simply misapprehends the operation of the burden of proof in this 12Even if it did support respondent's argument, we would hesitate to resort to legislative history to discern Congress' intent, as we find no ambiguity in the statute as written. See Barnhill v. Johnson, 503 U.S. 393, 401 (1992) (appeals to legislative history are well taken only to resolve statutory ambiguity).Page: 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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