Electronic Arts, Inc. and Subsidiaries - Page 27




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               The term “active conduct of a trade or business” appears in            
          22 sections of the current version of the Code.  MedChem (P.R.),            
          Inc. v. Commissioner, 116 T.C. at 330.  Ordinarily, we would                
          expect that this term would have the same meaning in all the                
          places it appears.  United States v. Cleveland Indians Baseball             
          Co., 532 U.S. 200, 213 (2001); Commissioner v. Keystone Consol.             
          Industries, Inc., 508 U.S. 152, 159 (1993); United States v.                
          Olympic Radio & Television, 349 U.S. 232, 236 (1955); Zuanich v.            
          Commissioner, 77 T.C. 428, 442-443 (1981), and cases there                  
          cited.9  However, none of the other Code provisions includes a              

               9This is the general rule not only because of the authority            
          of the cited opinions, but also because this is the way                     
          legislative drafters are instructed to draft statutes.  See,                
          e.g., Office of the Legislative Counsel U.S. House of                       
          Representatives, Style Manual; Drafting Suggestions for the                 
          Trained Drafter, 3 (1989), as follows:                                      
                    (4) Use same word over and over.--If you have                     
               found the right word, don’t be afraid to use it again                  
               and again.  In other words, don’t show your pedantry by                
               an ostentatious parade of synonyms.  Your English                      
               teacher may be disappointed, but the courts and others                 
               who are straining to find your meaning will bless you.                 
                    (5) Avoid utraquistic subterfuges.--Do not use the                
               same word in 2 different ways in the same draft (unless                
               you give the reader clear warning).                                    
               To the same effect, see Dickerson, The Interpretation and              
          Application of Statutes 224 (1975), quoted in Zuanich v.                    
          Commissioner, 77 T.C. 428, 443 n.26 (1981), as follows:                     
                    26 See R. Dickerson, The Interpretation and                       
               Application of Statutes 224 (1975), as follows:                        
               Because legal documents are for the most part                          
                                                             (continued...)           





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