- 28 - statutory definition of this term. Also, as far as we can tell, nowhere else in the Code is there a definition of this term as it is used in section 936 or in any of the other Code sections in which this term is used. In MedChem (P.R.), Inc. v. Commissioner, 116 T.C. at 333, we pointed out that “the roots of that section [936] are found in section 262 of the Revenue Act of 1921”, and we briefly summarized the purpose and history of the statute in accordance with our analyses in G.D. Searle & Co. v. Commissioner, 88 T.C. 252, 350-351 (1987), and Coca-Cola Co. & Subs. v. Commissioner, 106 T.C. 1, 21 (1996). From section 262 of the Revenue Act of 1921 through section 931, I.R.C. 1954, a qualifying domestic corporation was exempt from Federal income taxes on certain 9(...continued) nonemotive, it is presumed that the author’s language has been used, not for its artistic or emotional effect, but for its ability to convey ideas. Accordingly, it is presumed that the author has not varied his terminology unless he has changed his meaning, and has not changed his meaning unless he has varied his terminology; that is, that he has committed neither “elegant variation” nor “utraquistic subterfuge”. This is the rebuttable presumption of formal consistency. [Fn. refs. omitted.] In United States v. Cleveland Indians Baseball Co., 532 U.S. 200, 213 (2001), the Supreme Court made it clear that there are some circumstances where “‘the meaning [of the same words] well may vary to meet the purposes of the law,’” quoting Atlantic Cleaners & Dyers v. United States, 286 U.S. 427, 433 (1932). It does not appear that the circumstances dealt with in Cleveland Indians have a persuasive parallel as to the active-conduct-of-a- trade-or-business issue. However, see infra II. C. for discussion of the term “manufactured or produced”.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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