Garber Industries Holding Co., Inc. - Page 8

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               B.  Respondent’s Argument                                              
               Respondent maintains that the family aggregation rule                  
          applies solely with reference to living individuals.  Under that            
          view, inasmuch as none of the parents and grandparents of the               
          Garber brothers was alive at the commencement of the 3-year                 
          testing period immediately preceding the 1998 transaction, from             
          that point forward there was no individual, within the meaning of           
          section 382(l)(3)(A)(i), whose family members (as described in              
          section 318(a)(1)) included both Charles and Kenneth.  It                   
          follows, respondent argues, that Charles and Kenneth are not                
          treated as one individual for purposes of section 382 and that              
          the 1998 transaction resulted in an ownership change with respect           
          to petitioner under section 382.                                            
          III.  Analysis                                                              
               A.  General Principles of Statutory Construction                       
               As a general matter, if the language of a statute is                   
          unambiguous on its face, we apply the statute in accordance with            
          its terms, without resort to extrinsic interpretive aids such as            
          legislative history.  E.g., Fed. Home Loan Mortgage Corp. v.                
          Commissioner, 121 T.C. 129, 134 (2003) (citing United States v.             
          Ron Pair Enters., Inc., 489 U.S. 235, 241 (1989)).  Accordingly,            
          our initial inquiry is whether the language of section                      
          382(l)(3)(A)(i) is so plain as to permit only one reasonable                
          interpretation insofar as the question presented in this case is            






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