Michael K. Berry - Page 33

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         Andrews, 534 U.S. 19, 29 (2001) (rejecting Andrews’s “attempt to             
         generate some role for the express exception [in the statute]                
         independent of that [which would be] filled by” the rule of                  
         general application she asked the Court to read into the statute);           
         Anderson v. Commissioner, 123 T.C. 219, 236-237 (2004) (rejecting            
         an interpretation of section 3121(b)(20) that would have                     
         effectively denied its beneficial effects to most, if not all,               
         small fishing boat owners who are the intended beneficiaries of              
         the provision).                                                              
              Expanding the reach of section 71(b)(1)(D) to the extent                
         suggested by the worst case scenario approach also runs contrary             
         to the maxim that a specific provision controls over a general               
         one, particularly when the two are interrelated and closely                  
         situated in the statute.  E.g., HCSC-Laundry v. United States, 450           
         U.S. 1, 6 (1981) (analyzing section 501(c)(3) and (e)).  Inasmuch            
         as section 71(c)(1), but not section 71(b)(1)(D), specifically               
         addresses child support, the foregoing rule of construction                  
         militates against an interpretation of section 71(b)(1)(D) which,            
         contrary to the specific designation principle of section                    
         71(c)(1), invariably has the effect of converting undesignated               
         support into child support.                                                  
                   b.   Legislative History of the 1984 Act                           
              Notwithstanding the foregoing, the intent of the drafters is            

              27(...continued)                                                        
          Pennsylvania’s child support guidelines).                                   





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