Central Reserve Life Corporation and Subsidiaries - Page 12




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               We turn to the evolution of the term “unpaid losses”, taking           
          into account the taxation of insurance companies in general and             
          the authorities that Congress had before it at the time it added            
          the term to section 201 of the Internal Revenue Code of 1939 in             
          section 163(a) of the Revenue Act of 1942 (1942 Act), ch. 619, 56           
          Stat. 798, 867.  Whereas respondent asks the Court to ascertain             
          Congress' intent for the relevant provisions of the 1942 Act by             
          considering legislation that was enacted 40 and more years                  
          thereafter, we limit our analysis of that intent to the materials           
          which were before Congress in 1942.  “It is emphatically the                
          province and duty of the judicial department to say what the law            
          is”, Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803); see             
          also United States v. American Trucking Associations, Inc., supra           
          at 544, and the views of one Congress as to the meaning of prior            
          legislation have little bearing on a court's furtherance of that            
          duty, see Consumer Prod. Safety Commn. v. GTE Sylvania, Inc.,               
          supra at 117-118; Haynes v. United States, 390 U.S. 85, 87 n.4              
          (1968); United States v. Philadelphia Natl. Bank, 374 U.S. 321,             
          348-349 (1963); United States v. United Mine Workers, 330 U.S.              
          258, 281-282 (1947); see also United States v. Price, 361 U.S.              
          304, 313 (1960) (“the views of a subsequent Congress form a                 
          hazardous basis for inferring the intent of an earlier one”).               
          Such is especially true in the instant case where few of the                
          legislators who voted on the subsequent legislation in the 1980's           





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