- 42 - choosing to use a definition different from the statutory phrases we had earlier construed, the Congress apparently intended a meaning different from the meaning of those earlier statutory phrases, but the statutory text does not reveal specifically what that difference is. The history of the legislation provides some support for a specific answer, but that support is rebuttable. Every Court of Appeals which has addressed the issue presented herein has reached the same conclusion that the statute is silent or ambiguous. Kikalos v. Commissioner, 190 F.3d at 797; McDonnell v. United States, 180 F.3d at 723; Allen v. United States, 173 F.3d at 536 (describing the term “properly allocable” as “manifestly ambiguous”); Redlark v. Commissioner, 141 F.3d at 940 (describing as “untenable” the “assertion that the words, ‘properly allocable’, unambiguously specify that interest on business-related personal income tax deficiencies should be deductible”); Miller v. United States, 65 F.3d at 690 (describing Congress’s failure to “define what constitutes business interest” as “an implicit legislative delegation of authority to the Commissioner to clarify whether income tax deficiency interest is ‘properly allocable to a trade or business.’”); see also Tedori v. United States, 211 F.3d 488, 493 (9th Cir. 2000) (stating “‘the common and ordinary meaning’ of the statutory phrase ‘properly allocable to a trade or business’ is not at all plain”).Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011