Gavin Polone - Page 50

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               D.   The Remaining Three Payments                                      
               The remaining dispute between the parties mainly turns upon            
          which version of section 104 is applicable to the November 1996             
          payment, the May 1997 payment, and the November 1998 payment (the           
          three payments).  Respondent contends that post-SBJPA section 104           
          is applicable; petitioner makes two arguments why pre-SBJPA                 
          section 104 is applicable.  If post-SBJPA section 104 applies,              
          the three payments are not excludable from income because                   
          petitioner did not suffer a physical injury.                                
                    1.   Amount Realized                                              
               Petitioner’s first argument is that post-SBJPA section 104             
          is inapplicable to the three payments because UTA’s obligation to           
          make the three payments constituted an amount realized for tax              
          purposes in May 1996 (before the amendment of section 104 by the            
          SBJPA).26  This argument fails for several reasons.                         
               In construing section 104, our task is to give effect to the           
          intent of Congress.  We begin with the statutory language, which            
          is the most persuasive evidence of the statutory purpose.  United           
          States v. Am. Trucking Associations, Inc., 310 U.S. 534, 542-543            
          (1940); Hospital Corp. of Am. v. Commissioner, 107 T.C. 116, 128            
          (1996) affd 348 F.3d 136 (6th Cir. 2003).                                   



               26  Petitioner cites, among other things, private letter               
          rulings (PLRs) to support this argument.  Parties are statutorily           
          proscribed from citing PLRs as precedent.  Sec. 6110(k)(3)                  
          (formerly sec. 6110(j)(3)); Willamette Indus., Inc. v.                      
          Commissioner, 118 T.C. 126, 134 n.10 (2002).                                



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