- 19 - Revenue Code was not intended to limit distraint of delinquent taxpayer’s goods to those enumerated). Significantly, courts interpreting statutory language that utilizes both the word “includes” and the word “means” in different parts of the same statutory provision have held that those two words, in the context of such a juxtaposition, have different interpretations. Interpreting section 206 of the Revenue Act of 1926, ch. 27, 44 Stat. 17, the Supreme Court, in Helvering v. Morgan’s Inc., 293 U.S. 121 (1934), concluded that “includes” and “means” are to be interpreted differently when both are used in the same statutory provision. The Supreme Court interpreted the word “includes” to indicate that what follows contains general examples (i.e., not an exclusive list) and interpreted the word “means” to indicate that what follows contains the complete definition (i.e., an exclusive list). The natural distinction would be that where “means” is employed, the term [“means”] and * * * [the language that follows] are to be interchangeable equivalents, and that the verb “includes” imports a general class, some of whose particular instances are those specified in the * * * [language that follows the term “includes”]. [Id. at 125, n.1.] We note that the operative and relevant word used in section 7430(c)(1), relating to litigation costs, is “includes”, whilePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011