- 51 - historical development increases the likelihood that the Congress was actually aware that “active conduct of a trade or business” figured in both the WHTC provisions and in section 936. In light of the foregoing, we reject respondent’s contention that WHTC cases “are not applicable to a section 936 issue”, and we conclude that respondent’s citation of Norfolk S. Corp. v. Commissioner, supra, does not provide any support for respondent’s contention. On the contrary, we regard WHTC opinions as authority with respect to the meaning of identical language in section 936. ii. Expressio Unius * * * Respondent contends as follows: “There is a venerable rule of statutory construction which states: expressio unius est exclusio alterius (the expression of one thing implies the exclusion of another thing).” Section 936(a)(2)(B) does not refer to attribution of activities, such as contract manufacturing; however, section 936(h)(5)(B)(iii)(II) does refer to “contract manufacturing.” “Where Congress includes particular language in one section of a statute but omits it in another section of the same [statute], it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.” In choosing the words “such domestic corporation” as the statutory standard in section 936(a)(2)(B), without reference to attribution of another’s activities, such as the activities of a contract manufacturer, Congress limited consideration exclusively to the domestic corporation’s conduct in the possession. In other words, the activities of others cannot be attributed to the domestic corporation for purposes of section 936(a)(2)(B). [Citations omitted.] In effect, the “expressio unius” rule to which respondent draws our attention is merely the obverse of what we havePage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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