- 23 - relevant statutory provisions. To be sure, the parties, but for citations to the conferees’ understanding of the law that preceded the 1986 Act, have not even cited the Court one iota of persuasive legislative history in support of their contentions. The General Explanation of the 1986 Act, the source of the “legislative history” upon which the parties primarily rely to support their assertions of legislative intent, is not part of the statute’s legislative history. See Estate of Hutchinson v. Commissioner, 765 F.2d 665, 669-670 (7th Cir. 1985), affg. T.C. Memo. 1984-55; Condor Intl., Inc. v. Commissioner, 98 T.C. 203, 227 (1992). See generally Mertens, Law of Federal Income Taxation, sec. 3.20, at 31 (1994): The purpose of the Blue Book [the Staff of Joint Committee’s general explanation of a tax statute] is to provide, in one volume, a compilation of the legislative history of a piece of tax legislation. While the document is most helpful as a handy reference volume it also gives some guidance. Where the Blue Book’s explanation differs from that in a conference report it may serve to alert the reader that a technical correction is needed to reconcile the views. [Emphasis added.] Such is especially true as to the General Explanation of the 1986 Act, which was written by the Joint Committee of Taxation for the 100th Congress (Joint Committee), or, in other words, the Congress that next followed the Congress that passed the 1986 Act.10 Although the Staff of Joint Committee’s explanation of a 10 The Joint Committee consisted of 10 Congressmen, 5 from (continued...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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