Garber Industries Holding Co., Inc. - Page 11

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          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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