Capital Blue Cross and Subsidiaries - Page 20

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          absurd results.  Green v. Bock Laundry Mach. Co., 490 U.S. 504,             
          509 (1989); Idahoan Fresh v. Advantage Produce, Inc., 157 F.3d              
          197, 202 (3d Cir. 1998); Gen. Dynamics Corp. v. Commissioner, 108           
          T.C. 107, 121 (1997).  As the Court of Appeals for the Third                
          Circuit has explained:                                                      

               Where the statutory language is plain and unambiguous,                 
               further inquiry is not required, except in the                         
               extraordinary case where a literal reading of the                      
               language produces an absurd result.  * * *  [Idahoan                   
               Fresh v. Advantage Produce, Inc., supra at 202.]                       

               Recently, in Trigon Ins. Co. v. United States, 215 F. Supp.            
          2d 687 (E.D. Va. 2002), supplemented at 234 F. Supp. 2d 581 (E.D.           
          Va. 2002), the precise legal question before us as to the                   
          interpretation of TRA 1986 section 1012(c)(3)(A)(ii) and its                
          application to Blue Cross Blue Shield organizations was                     
          addressed.  Trigon Ins. Co. also involved claimed loss deductions           
          under section 165 relating to the termination of health insurance           
          group contracts that were in effect on January 1, 1987.  The                
          District Court agreed with the taxpayer (and with petitioner’s              
          legal position herein) that the language of TRA 1986 section                
          1012(c)(3)(A)(ii) was clear and unambiguous and therefore that,             
          in spite of the limiting language in the legislative history, the           
          statutory basis step-up provision was not limited to gains or               
          losses realized only on sale or exchange transactions, and the              
          basis step-up generally was applicable to the group contracts               
          terminated in each year.  The District Court explained as                   
          follows:                                                                    





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