Payless Cashways, Inc. and Its Subsidiaries - Page 10

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          the “entire” building be leased by the taxpayer to qualify for              
          ITC.  Respondent acknowledges that his argument that the                    
          provision implicitly contains such a requirement has been                   
          rejected by both the District Court for the Western District of             
          Washington and the Court of Appeals for the Ninth Circuit in                
          Airborne Freight Corp. v. United States, 78 AFTR 2d 96-6272, 96-2           
          USTC par. 50,552 (W.D. Wash. 1996), affd. in part and revd. in              
          part 153 F.3d 967 (9th Cir. 1998).  On this point, the Court of             
          Appeals stated:  “There is also no requirement [in TRA section              
          204(a)(7)] that the whole building be leased.”  153 F.3d at 970.            
          As the Court of Appeals indicated, the difficulty with the                  
          Government’s argument is that the word “entire” was not written             
          into the language of TRA section 204(a)(7).  Id.  For the same              
          reason, we also decline to accept this implied restriction as               
          part of the statute in order to restrict its application.                   
               We must next decide whether Two Pershing Square was Payless’           
          “world headquarters”.  There is no dispute that Two Pershing                
          Square was Payless’ corporate headquarters.  What is in dispute             
          is whether Payless’ international activities were sufficient to             
          qualify its corporate headquarters as a “world headquarters”.               
               The term “world headquarters” is not defined in the relevant           
          TRA provisions, nor is it defined in the Code.  When a word is              
          undefined in a statute, it is a fundamental canon of statutory              
          construction that it will be interpreted as taking its ordinary,            

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