Charles C. Allen, III and Barbara N. Allen, et al. - Page 35




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          wage expense.  Petitioners contend that disallowing part of the               
          deduction may place taxpayers in a worse position by electing the             
          TJC than by not making the election.  We disagree that our                    
          holding herein frustrates congressional intent.  The primary way              
          to foster congressional intent is to apply, as we do here, the                
          plain meaning of the statute as written.  In this regard, the                 
          Supreme Court has stated:  “courts must presume that a                        
          legislature says in a statute what it means and means in a                    
          statute what it says there.”  Conn. Natl. Bank v. Germain,                    
          503 U.S. 249, 253-254 (1992) (citations and quotation marks                   
          omitted).                                                                     
               We sustain respondent’s determination on this issue.  In so              
          doing, we have considered all arguments made by the parties and               
          have rejected those arguments not discussed herein as without                 
          merit.  Accordingly,                                                          
                                         Decisions will be entered for                  
                                    respondent in docket Nos. 1287-00,                  
                                    1288-00, 1289-00, 1290-00, 1293-00, and             
                                    1618-00, and decisions will be entered              
                                    under Rule 155 in docket Nos. 1291-00               
                                    and 1292-00.                                        











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