Garber Industries Holding Co., Inc. - Page 9

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          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”, standing                 








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