Bruce L. Brosi - Page 10




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                         and manner as the Secretary may require.                     
                              (B) Exception where individual has                      
                         guardian, etc.--An individual shall not be                   
                         treated as financially disabled during any                   
                         period that such individual’s spouse or any                  
                         other person is authorized to act on behalf                  
                         of such individual in financial matters.                     
               A plain reading of section 6511(h) demonstrates that the               
          physical or mental impairment must be that of the taxpayer, not             
          of some third person.  See United States v. Ron Pair Enters.,               
          Inc., 489 U.S. 235, 241 (1989) (“The task of resolving the                  
          dispute over the meaning of * * * [a statute] begins where all              
          such inquiries must begin:  with the language of the statute                
          itself * * * In this case it is also where the inquiry should               
          end, for where, as here, the statute’s language is plain, ‘the              
          sole function of the courts is to enforce it according to its               
          terms.’”).  In defining “financially disabled”, section                     
          6511(h)(2)(A) refers to “a medically determinable physical or               
          mental impairment of the individual” to whom the statute of                 
          limitations applies.  (Emphasis added.)  To have any logical                
          meaning, the statute must equate “the individual” with the                  
          taxpayer claiming the benefits of section 6511(h).  Furthermore,            
          Congress clearly intended that the physical or mental impairment            
          of the taxpayer be substantial.  First, the impairment must be              
          one that is “expected to result in death or which has lasted or             
          can be expected to last for a continuous period of not less than            
          12 months.”  Sec. 6511(h)(2)(A).  Secondly, to claim these                  





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