- 28 - confusion and uncertainty to the law, while the statutory history shows an intention by Congress to provide certain tax benefits to savings and loan institutions while denying them to banks. By incorporating a definition or “meaning” into the statute, Congress attempted to draw the line, while recognizing that different terminology was used in different State laws and under different State regulatory or supervisory structures. Petitioner’s strategic decision to expand its market share in Florida was undertaken with the knowledge that the acquisition of thrift institutions would require their conversion to banking corporations under Florida law. As the U.S. Supreme Court has often stated: “while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not, * * * and may not enjoy the benefit of some other route he might have chosen to follow but did not.” Commissioner v. Natl. Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974). Based on the statutory framework and relevant legislative history, we conclude that a financial institution chartered as a bank cannot meet the threshold requirements of section 7701(a)(19). Therefore, because Pinellas and Southwest were chartered as banks under Florida law, petitioner is not entitled to use the reserve method of accounting for bad debts underPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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