-22- an express repeal in the same legislation. See Gallenstein v. United States, 975 F.2d at 291 ("When Congress wanted to repeal a particular section of the estate tax code, it did so expressly."); see also West Va. Univ. Hosps., Inc. v. Casey, 499 U.S. 83, 98 (1991) ("the purpose of a statute includes not only what it sets out to change, but also what it resolves to leave alone."). Conclusion For the foregoing reasons, we hold that the "new" definition of "qualified joint interests" in section 2040(b)(2) did not expressly or impliedly repeal the effective date of section 2040(b)(1). Thus, section 2040(b)(1) does not apply to spousal joint interests created before January 1, 1977. Accordingly, respondent's motion for partial summary judgment will also be denied. To reflect the foregoing, Appropriate orders will be issued.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
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