The Limited, Inc. - Page 34




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          companies from owning banks.12  Petitioner has offered no policy            
          reason why Congress would permit deposits (particularly deposits            
          for an indefinite period) with a related bank but prohibit                  
          investments in a related corporation.  In response to                       
          petitioner's argument that the phrase "deposits with persons                
          carrying on the banking business" has a plain meaning (an                   
          argument we reject), we note that, when the adherence to the                
          "plain meaning" of a statute produces an unreasonable result                
          "plainly at variance with the policy of the legislation as a                
          whole", it is proper to follow that purpose, rather than the                
          literal words.  United States v. Am. Trucking Associations, Inc.,           
          310 U.S. 534, 543-544 (1940)(internal quotation omitted); see               
          also United States v. Ron Pair Enter., 489 U.S. 235, 242 (1989).            
          Further, "[w]e may then look to the reason of the enactment and             
          inquire into its antecedent history and give it effect in                   
          accordance with its decision and purpose, sacrificing, if                   
          necessary, the literal meaning in order that the purpose may not            
          fail.”  U.S. Padding Corp. v. Commissioner, 88 T.C. 177, 184                
          (1987), affd. 865 F.2d 750 (6th Cir. 1989).  We believe that a              
          related party prohibition is implicit in the exception for                  
          section 956 deposits.  Such a prohibition is necessary to give              


          12   Undoubtedly, Congress believed that it had foreclosed that             
          possibility in 1970 when it enacted BHCA 1970 Amendments.  See              
          supra note 11.  By 1987, nonbank companies had found a loophole             
          (the nonbank loophole) in BHCA, which Congress enacted CEBA to              
          close.  See supra note 3.  Commercial firms, however, did not               
          begin to exploit the nonbank loophole until the early 1980s.                




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