- 10 - (ii)(I)) as the taxpayer elects to take into account under this clause. [Emphasis added.] At issue in the instant case is the calculation of section 163(d)(4)(B)(ii)(I). To that end, the meaning of the term “net gain” is integral to our analysis. 2. Net Gain Neither section 163, the regulations, the case law, nor the statute’s legislative history defines the term “net gain”. If a term is used in the Internal Revenue Code (I.R.C.) without definition and the legislative history fails to provide any insight or guidance as to the appropriate definition, we use the ordinary and common usage of the term in applying that provision. Texaco Inc. & Subs. v. Commissioner, 101 T.C. 571, 575 (1993), affd. 98 F.3d 825 (5th Cir. 1996); see Commissioner v. Brown, 380 U.S. 563, 570-571 (1965); Crane v. Commissioner, 331 U.S. 1, 6-7 (1947); Rome I, Ltd. v. Commissioner, 96 T.C. 697, 704 (1991); Union Pac. Corp. v. Commissioner, 91 T.C. 32, 38-40 (1988); First Sav. & Loan Association v. Commissioner, 40 T.C. 474, 482 (1963). We look, therefore, to the ordinary and common usage of the term “net gain” in applying the statute. Neither Black’s Law Dictionary, 957 (7th ed. 1999) nor Webster’s Third New International Dictionary (1993) specifically defines the term “net gain”. However, the ordinary and common usage of the term “net gain” connotes the pecuniary gain remaining after offsetting gains against losses. Presumably, aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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