Rhone Poulenc Surfactants and Specialties, L.P. - Page 62




                                        - 62 -                                        


               FOLEY, J., dissenting: The majority highlights the                     
          anomalous results, gaps in the application of the statutory                 
          scheme, and tax policy concerns if section 6229(d) does not                 
          suspend the section 6501 period of limitations.  If the statute             
          needs repair we are not charged with the responsibility of fixing           
          it.  See Resolution Trust Corp. v. Westgate Partners, Ltd., 937             
          F.2d 526, 531 (10th Cir. 1991)(stating that it is the function of           
          the legislative branch, not the judicial branch, to make the                
          laws).  The majority states that the statutory regime is                    
          “distressingly complex” and “not a model of clarity”, yet                   
          exacerbates this ostensible problem by forcing section 6501, an             
          inapplicable provision, into section 6229(a).  Where a statute is           
          clear on its face, we require unequivocal evidence of legislative           
          purpose before construing the statute so as to override the plain           
          meaning of the words used therein.  See Huntsberry v.                       
          Commissioner, 83 T.C. 742, 747-748 (1984).  There is no such                
          evidence of legislative purpose.                                            
               Section 6229(a) and (d) does not reference the section 6501            
          limitations period.  The “period specified in subsection (a)”,              
          referenced by subsection (d), is the 3-year period expiring on              
          the later of the date the partnership return is filed, or the               
          last day for filing such return.  The statute and legislative               
          history do not support the majority’s holding.                              







Page:  Previous  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  Next

Last modified: May 25, 2011