- 30 - Application of this general rule (if the statutory language is different, then it is presumed that the meaning is different) to the matter before us leads to the conclusion that section 163(h)(2)(A) means something different from the statutory provisions interpreted in the pre-TRA 1986 opinions.11 10(...continued) you give the reader clear warning). To the same effect, see Dickerson, The Interpretation and Application of Statutes 224 (1975), quoted in Zuanich v. Commissioner, 77 T.C. 428, 443 n.26 (1981), as follows: 26 See R. Dickerson, The Interpretation and Application of Statutes 224 (1975), as follows: Because legal documents are for the most part 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.] See also Hirsch, Drafting Federal Law, sec. 5.2 (3d ed. 1992). 11 This presumption is rebuttable. In the TAMRA 1988 amendments, at every step in the enactment of the change from “incurred or continued in connection with the conduct of” to “properly allocable to” the Congress stated the intention that this was done to effectuate more clearly the original intention of TRA 1986 and not to change the meaning of the statute. See infra, Appendix. Consistent with these statements of congressional intent, the TAMRA 1988 amendments took “effect as if included in the provision of” the TRA 1986 to which the TAMRA 1988 amendments relate. See also Redlark v. Commissioner, 106 T.C. at 34 n.3. However, the parties have not directed our attention to, and we have not found, any evidence that either the (continued...)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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