Charles C. Allen, III and Barbara N. Allen, et al. - Page 24




                                        - 24 -                                          
          tax statute may be entitled to respect as a document that is                  
          prepared in connection with the legislative process by                        
          individuals who are intimately involved in that process, we shall             
          not hesitate to disregard the expressions set forth therein                   
          where, as here, those expressions are barren of corroboration in              
          the legislative history.  Zinniel v. Commissioner, 89 T.C. 357,               
          367 (1987), affd. 883 F.2d 1350 (7th Cir. 1989); see also                     
          Estate of Wallace v. Commissioner, 965 F.2d 1038, 1050-1051 n.15              
          (11th Cir. 1992), affg. 95 T.C. 525 (1990).                                   
               Even if we were to follow the lead of the parties and rely               
          on the General Explanation of the 1986 Act for an expression of               
          legislative intent as to the current AMT regime, we would still               
          not reach their proffered conclusion that Congress intended that              
          the regular tax and AMT regimes operate as parallel systems.  In              
          fact, the primary provision of the General Explanation of the                 
          1986 Act that the parties quote in support of their contention                
          that the systems are “parallel” does not even use that word.                  
          Moreover, that provision actually contradicts the parties’                    



               10(...continued)                                                         
          the Senate and 5 from the House of Representatives.  Staff of                 
          Joint Comm. on Taxation, General Explanation of the Tax Reform                
          Act of 1986 (J. Comm. Print 1987) (General Explanation of the                 
          1986 Act) II.  The General Explanation of the 1986 Act was                    
          prepared by the Staff of Joint Committee, in consultation with                
          the staffs of the House Ways and Means Committee and the Senate               
          Finance Committee.  Letter from David H. Brockway, Chief of                   
          Staff, to the Hon. Dan Rostenkowski, Chairman, and the Hon. Lloyd             
          Bentsen, Vice-Chairman.  Id. at XVII.                                         





Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011