- 12 - 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'sPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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