Warbelow's Air Ventures - Page 7




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          there; therefore, respondent argues that the Galena airport must            
          be physically located on an Indian reservation “per se” in order            
          to qualify for the IEC.                                                     
               We begin our analysis with the well-established rule that              
          statutory construction begins with the language of the relevant             
          statute.  Consumer Prod. Safety Commn. v. GTE Sylvania, Inc., 447           
          U.S. 102, 108 (1980).  Statutes are to be read so as to give                
          effect to their plain and ordinary meaning unless to do so would            
          produce absurd or futile results.  United States v. Am. Trucking            
          Associations, Inc., 310 U.S. 534, 543 (1940); see Tamarisk                  
          Country Club v. Commissioner, 84 T.C. 756, 761 (1985).  We may              
          use legislative history to clarify an ambiguous statute.                    
          Burlington N. R.R. v. Okla. Tax Commn., 481 U.S. 454, 461 (1987);           
          City of New York v. Commissioner, 103 T.C. 481, 489 (1994), affd.           
          70 F.3d 142 (D.C. Cir. 1995).  From the face of the statute, it             
          is not clear what is meant by “within”.  We therefore examine the           
          legislative history to clarify the language.                                
               The House conference report accompanying the enactment of              
          the section providing for the IEC referred to the IEC and to a              
          related provision as “Tax incentives for businesses on Indian               
          reservations.”  H. Conf. Rept. 103-213, at 718 (1993) (emphasis             
          added).  Further, the conference report described the Senate                
          amendment as follows: “Under the Senate amendment, businesses               
          located on Indian reservations generally are allowed a credit               






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