- 90 - branch.” United States v. Barlow, 41 F.3d 935, 943 (5th Cir. 1994). Thus, Congress is considered to have been aware of Standing, Polk, and Reise when enacting section 163(h)(2)(A). The majority contends that Standing, Polk, and Reise were rendered ineffective by the passage of section 163(h)(2)(A) because section 163(h)(2)(A) is different from the statutes on which the holdings of those cases were based, and thus this change in language indicates a change in the meaning of the statute. Majority op. p. 29 (citing Russello v. United States, 464 U.S. 16 (1983)). However, it is well settled that when Congress seeks to overturn prior case law, it must do so in an explicit manner; an implicit inference to change the status quo is impermissible. Bush v. Oceans Intl., 621 F.2d 207 (5th Cir. 1980), see Sea-Land Serv., Inc. v. United States, 874 F.2d 169, 172-173 (3d Cir. 1989). Where Congress intends to overturn prior law, it must do so in “clear, unmistakable, and unarguable language.” United States v. Singleton, 165 F.3d 1297, 1302 (10th Cir. 1999). Conference committee reports are valuable in determining if Congress intended to overturn prior law, Sea-Land Serv., Inc. v. United States, supra; see United States v. Edwards, 23 F.2d 477 (8th Cir. 1927). Congress did not express any intention to overturn Standing, Polk, and Reise, in the conference committee reports or elsewhere in the legislative history of the Tax Reform Act of 1986 (1986Page: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
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