- 22 - Sess. (Sept. 26, 1997), reprinted in 97 TNT 188-76 (“We recommend that Congress also amend the definition of ‘position of the United States’ * * * [to refer] to the date of the issuance of the first notice of proposed deficiency”). Despite having the specific fact called to Congress’s attention, Congress passed the RRA 1998 legislation without making any conforming amendment to section 7430(c)(7). Moreover, we are mindful that the RRA 1998 amendment to section 7430 is not the first time Congress rejected adding the 30-day letter to section 7430(c)(7). The first time Congress rejected adding the 30-day letter to section 7430(c)(7) was in TAMRA in 1988. The Senate amendment in TAMRA to section 7430(c)(7) would have included the 30-day letter as a “position” of the Government under section 7430(c)(7). As with the proposed RRA 1998 amendment to section 7430(c)(7), Congress rejected the proposed amendment to section 7430(c)(7) in TAMRA. See H. Conf. Rept. 100-1104 (Vol. II), at 225-226 (1988), 1988-3 C.B. 473, 715-716. In addition, despite the numerous amendments to section 7430 since the section was first enacted in 1982, the “position of the United States” has never been defined in section 7430(c)(7) to include the 30-day letter. We find this fact compelling. If Congress had wanted the “position of the United States” to include the 30-day letter, it could have explicitly said so.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011