-160- taxpayers and clearly reflect income for Federal income tax purposes.” Id. The Treasury Department has never prescribed the referenced valuation rules. We proceed to interpret section 475, the provisions of which we set forth in appendix B.56 These provisions were added to the Internal Revenue Code by the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, sec. 13223, 107 Stat. 481, effective with taxable years ended after December 30, 1993.57 We are the first court to opine upon section 475 in any regard. 56 Petitioner argues, in part, that we should interpret sec. 475 favorably to it because the Treasury Department has failed to fulfill Congress’s mandate to prescribe regulations interpreting the valuation requirements of that section. We reject this argument. In the absence of regulations, we construe the statutory text in light of all pertinent evidence, textual and contextual, of its meaning. See Commissioner v. Soliman, 506 U.S. 168, 173 (1993); Crane v. Commissioner, 331 U.S. 1, 6 (1947); Old Colony R. Co. v. Commissioner, 284 U.S. 552, 560 (1932). See also White v. United States, 305 U.S. 281, 292 (1938), where the Supreme Court rejected a similar argument, stating: We are not impressed by the argument that, as the question here decided is doubtful, all doubts should be resolved in favor of the taxpayer. It is the function and duty of courts to resolve doubts. We know of no reason why that function should be abdicated in a tax case more than in any other * * * 57 Sec. 475 was amended in the Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 1001(b), 111 Stat. 906, to redesignate old sec. 475(e) as sec. 475(g) and to add new sec. 475(e) and (f) to allow dealers in commodities and traders in securities and commodities to elect mark-to-market accounting. That amendment is not applicable here. Id. sec. 1001(d)(4).Page: Previous 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 Next
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