- 51 -
The above quoted portion of the 1986 Blue Book clearly supports
section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., supra.
In Redlark v. Commissioner, supra, we did not assign any
weight to the 1986 Blue Book because we concluded that it
conflicted with the Joint Statement of Managers and with what we
there believed to be relevant prior caselaw. As we have
explained, supra, that caselaw construed statutory language
different from what we deal with herein. Also, the 1986 Blue
Book is consistent with the Joint Committee staff summary, and we
believe that the Joint Committee staff summary is consistent with
the Joint Statement of Managers.
Whether one views the legislative history of section 163(h)
as inconclusive or as consistent with section 1.163-
9T(b)(2)(i)(A), Temporary Income Tax Regs., supra, the 1986 Blue
Book warrants consideration. See FPC v. Memphis Light, Gas &
Water Div., 411 U.S. 458, 471-472 (1973); Bank of Clearwater v.
United States, 7 Cl. Ct. 289, 294 (1985). Consideration of the
1986 Blue Book (where, as here, it does not conflict with the
enacted statutory language and does not conflict with what we
have referred to as the conference committee sentence (supra
F.(4) Thirdly)), in combination with the Joint Committee staff
summary and the relevant portion of the Joint Statement of
Managers portion of the conference committee report points toward
a conclusion that section 1.163-9T(b)(2)(i)(A), Temporary Income
Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 NextLast modified: May 25, 2011