- 95 -
The “legislative history” the majority relies on is the
material contained in the Blue Book and in the Joint Committee on
Taxation, Summary of Conference Agreement on H.R. 3838 (Tax
Reform Act of 1986) (JCS-16-86), August 29, 1986 (Staff Summary).
The Blue Book was published by congressional staff after the
enactment of 1986 TRA. The majority argues the Staff Summary,
which was produced before 1986 TRA was enacted, corroborates
assertions made in the Blue Book regarding personal interest.
Such reliance is unwarranted and contrary to precedent. A
staff committee’s explanation of a provision is not a statement
by legislators and was not relied on by legislators when enacting
the 1986 TRA because it was published in May 1987. McDonald v.
Commissioner, 764 F.2d 322 (5th Cir. 1985), affg. T.C. Memo 1983-
197; see Zinniel v. Commissioner, 89 T.C. 357 (1987). A staff
summary explanation provided after the enactment of a provision
is not legislative history. Guilzon v. Commissioner, 985 F.2d
819 (5th Cir. 1993), affg. 97 T.C. 237 (1991); see Zinniel v.
Commissioner, supra. The Staff Summary explanation cannot be
considered part of the legislative history because it was
authored by Congressional staff, the staff of the Joint Committee
on Taxation, and not by Congress. Estate of Hutchinson v.
Commissioner, 765 F.2d 665 (7th Cir. 1985), affg. T.C. Memo.
1984-55. The Staff Summary, however, may be given some
Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 NextLast modified: May 25, 2011