- 6 - In the absence of any evidence of legislative purpose warranting a different approach,7 “we must assume that Congress meant what it said and that the statutory language should be taken at face value.” Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 209 (1989). The language of section 7486 provides for abatement and refund of the “amount of the deficiency determined” by this Court that has been “disallowed in whole or in part by the court of review”, regardless of whether the taxpayer files a claim for relief. The statute simply acts as a procedural device ensuring that the Commissioner follows a decision of the court of review in situations where it can be ascertained that all or a part of the amount of the deficiency determined by this Court was disallowed. Where the court of review reverses and remands but does not indicate that any ascertainable “amount” of the previously determined deficiency has been precluded, it cannot be said that the court of review has “disallowed in whole or in part” the “amount of the deficiency determined by the Tax Court.” 7The legislative history of sec. 7486 (originally enacted as sec. 1001(d) by the Internal Revenue Act of 1926, ch. 27, 44 Stat. 110, amended by the Internal Revenue Act of 1928, ch. 852, 45 Stat. 873, designated as sec. 1146 in the Internal Revenue Code of 1939, and becoming sec. 7486 under the Internal Revenue Code of 1954) lacks any indication of congressional intent on the issue involved. See H. Rept. 1, 69th Cong., 1st Sess. (1925), 1939-1 C.B. (Part 2) 315, 327-329; S. Rept. 52, 69th Cong., 1st Sess. (1926), 1939-1 C.B. (Part 2) 332, 357-360; Conf. Rept. 356, 69th Cong., 1st Sess. (1926), 1939-1 C.B. (Part 2) 361, 378-379; H. Rept. 1337, 83d Cong., 2d Sess. A434 (1954); S. Rept. 1622, 83d Cong., 2d Sess. 614 (1954).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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