Edward A. Robinson III and Diana R. Robinson - Page 117




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          TRA), Pub. L. 99-514, sec. 501, 100 Stat. 2233.  Standing, Polk,             
          and Reise, were based on statutory language which permitted a                
          deduction for interest if it arose “in carrying on a trade or                
          business” and “attributable to” the taxpayer’s trade or business.            
          See secs. 23(a)(1)(A), 22(n), and 122(d)(5) of the Internal                  
          Revenue Code of 1939.  The majority argues that this language is             
          different from the language “interest paid or accrued on                     
          indebtedness incurred or continued in connection with the conduct            
          of a trade or business” and the Technical and Miscellaneous                  
          Revenue Act of 1988 (1988 TAMRA), Pub. L. 100-647, sec.                      
          1005(c)(4), 102 Stat. 3390, language, and because of this                    
          difference, the sections have a different meaning.                           
               In Russello, the Supreme Court analyzed the substantive                 
          differences between the two provisions in question.  Russello v.             
          United States, supra at 22-24 (examining the substantive changes             
          and history of 18 U.S.C. sec. 1963(a)(1) (1970), the Racketeer               
          Influenced Corrupt Organization statute).  In Russello, the                  
          Supreme Court determined that Congress expanded a provision                  
          beyond its original scope.  Id.  The majority has not engaged in             
          such an analysis.  Additionally, the Supreme Court was construing            
          language in the same statute in Russello; whereas, in the instant            
          case, there are several statutes in question.                                
               Moreover, it is not necessarily clear that the pre-1986 TRA             
          language is substantively different from the 1986 TRA language               






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