Florida Country Clubs, Inc. - Page 22

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          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.             






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