- 35 - 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. at 184 (quoting Ozawa v. United States, 260 U.S. 178, 194 (1922)). We believe that a related party prohibition is implicit in the exception for section 956 deposits. Such a prohibition is necessary to give effect to the dividend equivalence theory that underlies the repatriation provision.13 If we find that the 13 Petitioner argues that a limitation of the sec. 956 deposits exception to unrelated-party deposits would render that exception "superfluous" in light of sec. 956(b)(2)(F). According to petitioner, because sec. 956(b)(2)(F) permits a controlled foreign corporation's earnings to escape U.S. taxation when invested in the obligations of an unrelated U.S. corporation, it would serve no purpose to interpret the sec. 956 deposits (continued...)Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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