Therese Hahn - Page 22

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          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.                          
















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