John M. & Rebecca A. Dunaway - Page 20

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          the operative word used in section 7430(c)(2), relating to                  
          administrative costs, is “means”.11                                         
               In the context of other nontax Federal statutes, when both             
          words “includes” and “means” are used within the same statutory             
          provision, courts have held that the word “includes” is a term of           
          enlargement and extension and that the word “means” is a term of            
          enumeration and limitation.  Am. Sur. Co. v. Marotta, 287 U.S.              
          513, 517 (1933) (relating to Federal bankruptcy statute); Highway           
          & City Freight Drivers, Dockmen & Helpers, Local Union No. 600 v.           
          Gordon Transports, Inc., 576 F.2d 1285, 1289 (8th Cir. 1978)                
          (relating to Federal bankruptcy statute); Exxon Corp. v. Lujan,             
          730 F. Supp. 1535, 1545 (D. Wyo. 1990) (relating to Department of           
          Interior Federal regulatory language), affd. 970 F.2d 757 (10th             
          Cir. 1992); Brown v. Scott Paper Worldwide Co., 20 P.3d 921, 926            
          (Wash. 2001) (relating to State employment statute).12                      

               11  The relevant portion of section 7430(c)(2) provides:               
               SEC. 7430(c)(2) Reasonable administrative costs.  The term             
               “reasonable administrative costs” means--                              
                    (A) any administrative fees or similar charges imposed            
               by the Internal Revenue Service, and                                   
                    (B) expenses, costs, and fees described in [sec.                  
               7430(c)] paragraph (1)(B) * * *.                                       
               12  We acknowledge that, in certain contexts, the words                
          “includes” and “including” have been interpreted as words of                
          limitation and confinement.  See, e.g., Blankenship v. W. Union             
          Tel. Co., 161 F.2d 168, 169 (4th Cir. 1947) (“includes” as used             
          in the Fair Labor Standards Act provision that the word                     
          “employee” includes any individual employed by employer is “a               
          term of limitation indicating what belongs to a genus, rather               
          than a term of enlargement”), citing Montello Salt Co. v. Utah,             
          221 U.S. 452 (1911); Television Transmission, Inc. v. Pub. Utils.           
                                                             (continued...)           




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