Sherwin-Williams Company Employee Health Plan Trust - Page 17




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          purpose described in that section and (2) set aside to provide              
          for the payment of reasonable costs of administration directly              
          connected with a purpose described in section 512(a)(3)(B)(ii) as           
          set aside for a purpose described in that section.16                        
               To support its position that reasonable costs of administra-           
          tion directly connected with a purpose described in section                 
          512(a)(3)(B)(i) or (ii) qualify as one of the four independent              
          sources or components of exempt function income under section               
          512(a)(3)(B), the Trustee relies not only on the language of                
          section 512(a)(3)(B), but also on the following statement in Phi            
          Delta Theta Fraternity v. Commissioner, 887 F.2d 1302, 1307 (6th            
          Cir. 1989), affg. 90 T.C. 1033 (1988):  “Section 512(a)(3)(B),              
          however, does allow reasonable costs actually spent in adminis-             
          tering a tax-exempt activity to be included in ‘exempt function             
          income.’”  We find the Trustee’s reliance on that statement to be           
          misplaced.  The United States Court of Appeals for the Sixth                

               16We need not resort to the legislative history of sec.                
          512(a)(3)(B) to determine the meaning of the phrase in question             
          that appears at the end of the second sentence of that section.             
          That is because the terms of that statutory provision are unam-             
          biguous, and there are no exceptional circumstances warranting              
          our turning to that legislative history for guidance.  See                  
          Burlington N. R.R. Co. v. Oklahoma Tax Commn., 481 U.S. 454, 461            
          (1987); Fernandez v. Commissioner, 114 T.C. 324, 329-330 (2000).            
          Nonetheless, it is noteworthy that, consistent with its plain               
          language, the legislative history of sec. 512(a)(3)(B) provides             
          that income will be treated as set aside for benefits specified             
          in that section where it is set aside and used not only for the             
          payment of those benefits but also for the payment of reasonable            
          costs of administration of providing those benefits.  See S.                
          Rept. 91-552 (1969), at 72, 1969-3 C.B. 470.                                





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