- 9 - concerned. See, e.g., Robinson v. Shell Oil Co., 519 U.S. 337, 340 (1997). That threshold determination must be made with reference to the context in which such language appears. Id. B. Language of Section 382(l)(3)(A)(i) Section 382(l)(3)(A)(i) provides as follows: (A) Constructive ownership.–-Section 318 (relating to constructive ownership of stock) shall apply in determining ownership of stock, except that–- (i) paragraphs (1) and (5)(B) of section 318(a) shall not apply and an individual and all members of his family described in paragraph (1) of section 318(a) shall be treated as 1 individual for purposes of applying this section * * * Respondent apparently would limit our textual analysis to a single word. According to respondent, Charles and Kenneth are not common members of any individual’s family under section 382(l)(3)(A)(i) “[b]ecause the commonly used meaning of the term ‘individual’ does not include a deceased parent”. We believe respondent’s focus is too narrow. As stated by the Court of Appeals for the Fifth Circuit: However, even apparently plain words, divorced from the context in which they arise and in which their creators intended them to function, may not accurately convey the meaning the creators intended to impart. It is only, therefore, within a context that a word, any word, can communicate an idea. Leach v. FDIC, 860 F.2d 1266, 1270 (5th Cir. 1988). In our view, the question is not whether the noun “individual”, standingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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