- 18 - In sum, the majority’s holding is contrary to section 29(a) and (b)(2), not supported by case law,3 and premised on a mischaracterization of respondent’s position. We “are not at liberty * * * to add to or alter the words employed to effect a purpose which does not appear on the face of the statute.” Hanover Bank v. Commissioner, 369 U.S. 672, 687 (1962). Petitioner is entitled to a total credit of $148,011 (i.e., $3 x 49,337 BOE) rather than the $143,964 allowed by the majority. 3 As support for the holding, the majority cites United States v. Skelly Oil Co., 394 U.S. 678 (1969), Charles Ilfeld Co. v. Hernandez, 292 U.S. 62 (1934), and United Telecomms., Inc. v. Commissioner, 589 F.2d 1383 (10th Cir. 1978). These cases, however, are distinguishable because the applicable statutes or regulations prohibited double deductions or credits. See United States v. Skelly Oil Co., supra at 682-683 (reasoning that the applicable sections of the Code and the case law developed under those sections prohibited double deductions); Charles Ilfeld Co. v. Hernandez, supra at 67 (concluding that the regulations prohibited double deductions); United Telecomms., Inc. v. Commissioner, supra at 1387-1388 (concluding that the applicable legislative regulations prohibited double credits); cf. Transco Exploration Co. v. Commissioner, 95 T.C. 373, 387 (1990) (holding that, based on plain language of the statute, the taxpayer was entitled to a double benefit), affd. 949 F.2d 837 (5th Cir. 1992).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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