Edward A. Robinson III and Diana R. Robinson - Page 45




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          Correction Act of 1988, with the same effective dates and                   
          explanations, and ultimately enacted without change by the                  
          Technical and Miscellaneous Revenue Act of 1988 (TAMRA 1988),               
          Pub. L. 100-647, 102 Stat. 3342.                                            
               The language thus enacted is what we must construe in the              
          instant case.                                                               
          F.  Analysis of the Statute                                                 
               From the foregoing, we draw the following conclusions.                 
               (1)  Initial Objectives                                                
               Although the movement to enact what became section 163(h)              
          may have started with a concern about subsidizing already-tax-              
          favored investments and “extraordinary consumption expenditures             
          (such as second homes)” (infra Appendix 1.  The Treasury Report),           
          the enacted statute is different--narrower in some respects and             
          broader in others--from the original announced objectives.                  
               It is not at all unusual for the Congress to act outside the           
          confines of the problem described in the legislative history; the           
          Congress has done so in many different areas of the tax law.                
          See, e.g., Bartels Trust for Ben. of Univ. v. United States, 209            
          F.3d 147, 153-154 (2d Cir. 2000) (relating to charities’                    
          unrelated trade or business income); Corn Belt Tel. Co. v. United           
          States, 633 F.2d 114, 117-118 (8th Cir. 1980) (relating to the              
          definition of “public utility property” for investment credit               
          purposes); Warrensburg Board & Paper Corp. v. Commissioner, 77              






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