Gwendolyn A. Ewing - Page 42




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          history primarily to learn the purpose of the statute and, if               
          necessary, to resolve any ambiguity in the words prescribed in              
          the text.  Landgraf v. USI Film Prods., 511 U.S. 244 (1994);                
          United States v. Am. Trucking Associations, Inc., 310 U.S. 534,             
          543-544 (1940); Allen v. Commissioner, 118 T.C. 1, 7 (2002).  I             
          apply the plain meaning of the words prescribed in the text                 
          unless I find that a word’s plain meaning is inescapably                    
          ambiguous.  Commissioner v. Soliman, 506 U.S. 168, 174 (1993);              
          Garcia v. United States, 469 U.S. 70, 76 n.3 (1984); Venture                
          Funding, Ltd. v. Commissioner, 110 T.C. 236, 241-242 (1998),                
          affd. without published opinion 198 F.3d 248 (6th Cir. 1999); see           
          also Ex parte Collett, 337 U.S. 55 (1949).  I understand that the           
          Court’s “task is to give effect to the will of Congress, and                
          where its will has been expressed in reasonably plain terms,                
          ‘that language must ordinarily be regarded as conclusive.’”                 
          Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 570 (1982)              
          (quoting Consumer Prod. Safety Commn. v. GTE Sylvania, Inc., 447            
          U.S. 102, 108 (1980)).  I “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).5                 


               5 Whereas the majority opinion recognizes similar rules of             
          statutory construction, it does so only as to its interpretation            
          of the 2001 amendment, majority op. pp. 14-15, choosing to rest             
          its analysis primarily on this Court’s decisions in Fernandez v.            
          Commissioner, 114 T.C. 324 (2000), and Butler v. Commissioner,              
          114 T.C. 276 (2000).  In contrast with the case here, however,              
                                                             (continued...)           





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