Edward A. Robinson III and Diana R. Robinson - Page 116




                                        - 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 (1986               






Page:  Previous  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  Next

Last modified: May 25, 2011