- 11 -
the same need not be said of a rule (such as that contained in
section 382(l)(3)(A)(i)) that identifies (by reference to an
individual) the members of a family that, on some measurement
date, are to be treated as a single shareholder. By the same
token, the language of section 382(l)(3)(A)(i) certainly does not
compel the conclusion that the individual whose family members
are so aggregated need not be alive on that measurement date.
Because the answer to our inquiry is not apparent from the face
of the statute, we may look beyond the language of section
382(l)(3)(A)(i) for interpretive guidance.
C. Legislative History of Section 382(l)(3)(A)(i)
Congress enacted the family aggregation rule of section
382(l)(3)(A)(i) as part of its overhaul of section 382 included
in the Tax Reform Act of 1986, Pub. L. 99-514, sec. 621, 100
Stat. 2085, 2254 (hereafter, cited simply as 1986 Act or 1986 Act
sec. x.). The rule first appeared in the conference committee
bill.9 The conference committee report that accompanied that
bill (the 1986 conference report) does not address the temporal
aspect of family aggregation identified above: “The family
9 Both the House and Senate versions of revised sec. 382
contained family attribution provisions rather than a family
aggregation rule. See H.R. 3838, 99th Cong., 1st Sess. sec.
321(a) (1985) (provision designated as sec. 382(n)(3)(A)); H.R.
3838, 99th Cong., 2d Sess. sec. 621(a) (1986) (provision
designated as sec. 382(k)(3)(A)).
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