Security State Bank - Page 6

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          to short-term loans made by banks in the ordinary course of                 
          business.  Respondent recognizes that our prior opinion precludes           
          application of section 1281(a)(2) to the facts in the instant               
          case, unless we choose to overrule it.  Respondent urges us to do           
          just that.                                                                  
               Security Bank Minn. v. Commissioner, supra, was a Court-               
          reviewed opinion.  The majority opinion contains an extensive               
          analysis of the statute, its evolution, the context in which it             
          appears, and its legislative history.  There was a dissenting               
          opinion which was joined by five Judges.  In affirming our                  
          opinion, the Court of Appeals for the Eighth Circuit also made an           
          extensive analysis of the same factors.  One of the judges on the           
          Court of Appeals panel dissented.                                           
               No purpose would be served by repeating the statutory                  
          analysis that led this Court and the Court of Appeals to decide             
          that section 1281(a)(2) does not apply to loans made by banks in            
          the ordinary course of business.  Suffice it to say that this               
          matter has been thoroughly considered and decided.  The doctrine            
          of stare decisis generally requires that we follow the holding of           
          a previously decided case, absent special justification.  This              
          doctrine is of particular importance when the antecedent case               
          involves statutory construction.  Hesselink v. Commissioner, 97             
          T.C. 94, 99-100 (1991).  While respondent has skillfully                    
          rearticulated his arguments in support of a different                       
          interpretation of the statute, we find nothing therein that would           




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