William Lenehan III and Barbara Lenehan - Page 10




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          term is used in the Internal Revenue Code (I.R.C.) without                  
          definition and the legislative history fails to provide any                 
          insight or guidance as to the appropriate definition, we will use           
          the ordinary and common usage of the term in applying that                  
          provision.  Texaco Inc. and Subs. v. Commissioner, 101 T.C. 571,            
          575 (1993), affd. 98 F.3d 825 (5th Cir. 1996); see Commissioner             
          v. Brown, 380 U.S. 563, 570-571 (1965); Crane v. Commissioner,              
          331 U.S. 1, 6-7 (1947); Rome I, Ltd. v. Commissioner, 96 T.C.               
          697, 704 (1991); Union Pac. Corp. v. Commissioner, 91 T.C. 32,              
          38-40 (1988); First Sav. & Loan Association v. Commissioner, 40             
          T.C. 474, 482 (1963).  We look, therefore, to the ordinary and              
          common usage of the term “net gain” in applying the statute.                
               Neither Black’s Law Dictionary (6th ed. 1990) nor Webster’s            
          Third New International Dictionary (1993) specifically defines              
          the term “net gain”.  However, the ordinary and common usage of             
          the term “net gain” connotes the pecuniary gain remaining after             
          offsetting gains against losses.  Presumably, a prerequisite to             
          the existence of net gain is that the taxpayer’s gains exceed the           
          taxpayer’s losses.                                                          
               Black’s Law Dictionary 957 (7th ed. 1999) defines the term             
          “net loss” as “The excess of all expenses and losses over all               
          revenues and gains.”  By analogy, the natural, ordinary, and                
          familiar meaning of the term “net gain” is the excess of all                








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