- 11 - that statutory language is unambiguous. See id. (quoting Cali- fornia v. Montrose Chem. Corp., 104 F.3d 1507, 1514 (9th Cir. 1997)). However, where the ordinary and common meaning of the statutory language supports more than one interpretation, the statutory language is ambiguous, and we may consult legislative history to assist us in interpreting the language in question. See Merkel v. Commissioner, 109 T.C. at 468-469. We are to construe exclusions from income, like section 108(a)(1)(B), narrowly in favor of taxation. See Merkel v. Commissioner, 192 F.3d at 848 (citing United States v. Centennial Sav. Bank FSB, 499 U.S. 573, 583 (1991); Harbor Bancorp & Subsidiaries v. Commissioner, 115 F.3d 722, 732 (9th Cir. 1997)). Bearing in mind the foregoing principles of statutory construction, we shall consider initially respondent’s contention that the plain meaning of the word “assets” supports only one construction of that word as used in section 108(d)(3). As pertinent here, the common and ordinary meaning of the word “assets” set forth in Merriam-Webster’s Collegiate Dictionary 69 (10th ed. 1996) is: 1 pl a : the property of a deceased person subject by law to the payment of his or her debts and legacies b : the entire property of a person, association, corpora- tion, or estate applicable or subject to the payment of debts * * * 3 * * * b pl : the items on a balance sheet showing the book value of property owned The first and second dictionary definitions of the word “assets” quoted above appear to exclude from that definition assets exemptPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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