- 15 - note 9) with nary a mention of that objective in the 27 pages devoted to section 382 in the 1986 conference report. b. Respondent’s Interpretation Respondent’s interpretation of section 382(l)(3)(A)(i) is perhaps even more troubling than petitioner’s. First, it has the potential for being just as expansive as petitioner’s interpretation.13 More importantly, respondent’s interpretation leads to arbitrary distinctions. As relevant to this case, respondent would have us believe that the ability of siblings to sell loss corporation shares among themselves without any section 382 consequences is wholly dependent on the continued good health of their parents. We see no rational basis for Congress’s having drawn a distinction in this context between siblings whose parents happen to be living and those whose parents happen to be deceased; the former are no more related than the latter. E. A Third Interpretation 1. Introduction Our own analysis of the legislative evolution of section 382(l)(3)(A)(i) leads us to believe that both parties have erroneously interpreted that provision. For the reasons discussed below, we conclude that Congress most likely intended 13 Respondent’s interpretation of the statute differs from petitioner’s in that respondent would require that the relevant parent, spouse, child, or grandparent of the individual in question be living when stock ownership is measured. See supra note 12.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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