Sklar, Greenstein & Scheer, P.C. - Page 14




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          canon of construction should be applied.12  See Estate of                   
          Schwartz v. Commissioner, 83 T.C. 943 (1984) (where                         
          administrative regulations are ambiguous the rules of statutory             
          construction will apply); see also 1A Sands, Statutes and                   
          Statutory Construction, sec. 31.06 (1872).  In any case, we need            
          only resort to one cardinal canon here as the regulation clearly            
          and unambiguously provides "any expenses" incurred by an employer           
          in connection with a plan are deductible under section 162 as               
          long as they are ordinary and necessary and are "not provided               
          for" by contributions under the plan.  We presume that the                  
          Treasury, the drafter of the regulation, said what it means and             
          means what it said.  See Connecticut Natl. Bank v. Germain, 503             
          U.S. 249 (1992) (for a discussion of the cardinal canon).  We do            
          not read the phrase "such as trustee's and actuary's fees" as               
          restricting the breadth of "any expenses" but rather as being               
          illustrative in nature.13                                                   
               Having decided petitioner may deduct the litigation costs              
          allocable to the plan, we decide which portion is so allocable.             
          Petitioner paid $97,274 in litigation costs in connection with a            
          case involving four separate claimants; to wit, Sklar,                      


               12For example, respondent does not argue the doctrine of               
          ejusdem generis to support his position that only expenses of the           
          same type as "trustee's and actuary's fees" may be deducted.                
               13The term "such as" is defined as "for example".  See                 
          Webster's II New Riverside University Dictionary 1157 (1984).               




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