- 91 - 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 languagePage: Previous 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Next
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