Florida Country Clubs, Inc. - Page 19

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          that the bill “[m]oves the point in time after which reasonable             
          administrative costs can be awarded to the date on which the                
          * * * [30-day letter] is sent”.  H. Conf. Rept. 105-599, at 243             
          (1998), 1998-3 C.B. 747, 997.                                               
               Any interpretation that the 30-day letter constitutes a                
          “position” of the Government conflicts with the plain language of           
          section 7430(c)(7).  The language of section 7430(c)(7) does not            
          include the 30-day letter among the instances in which the                  
          Government is considered to have taken a “position”.  Rather, the           
          “position” of the Government is defined as that taken in the                
          notice of deficiency or Appeals Office decision.  It is an                  
          established rule of statutory construction that where there is a            
          conflict between portions of the legislative history and the                
          words of the statute, the language in the statute controls.  In             
          re Sinclair, 870 F.2d 1340, 1341 (7th Cir. 1989).  The words                
          Congress chooses to put in the statute “represent the                       
          constitutionally approved method of communication.”  Kaiser Steel           
          Corp. v. Pearl Brewing Co., 952 F.2d 1230, 1241 (10th Cir. 1991);           
          Lenz v. Commissioner, 101 T.C. 260, 268 (1993).  “[U]nequivocal             
          evidence” of legislative purpose reflected in the legislative               
          history is required “to override the ordinary meaning of the                
          statute.” Kaiser Steel Corp. v. Pearl Brewing Co., supra at 1241.           
          In this case, not only is “unequivocal evidence” in support of              
          reading the 30-day letter into subsection (c)(7) clearly absent,            






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