Hubert Enterprises, Inc. and Subsidiaries, et al. - Page 49

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          we do so mindful of the statute as a whole.  We conclude that               
          Congress’s use of the word “any” denotes one (i.e., the same)               
          taxable year and that LCL’s aggregated activities are only those            
          activities that relate to leased personal property placed in                
          service in the same taxable year.9  As we understand petitioners’           
          contrary interpretation, its effect would be that virtually “all            
          activities [of a partnership or S corporation] with respect to              
          section 1245 properties which * * * are leased or held for lease            
          * * * shall be treated as a single activity.”  Petitioners do not           
          explain how that interpretation does not render section                     
          465(c)(2)(B)(i)(II) surplusage, and we are unable to give such an           
          explanation either.  Nor do petitioners explain how their                   
          interpretation harmonizes with section 465(c)(2)(B)(ii) and, more           
          particularly, the reference in that section to section                      
          465(c)(3)(B).  Under petitioners’ interpretation, section                   
          465(c)(2)(B)(ii) also would be surplusage in that all equipment             
          leasing activities of a partnership or S corporation would                  
          already be considered to be a single activity under section                 
          465(c)(2)(B)(i).                                                            
               Petitioners’ reliance on the word “any” to reach their                 
          interpretation also is misplaced.  The word “any” denotes “One,             
          some, every, or all without specification”, The American Heritage           

               9 By cross-reference from sec. 465(c)(1)(C), sec. 1245(a)              
          provides that the term “section 1245 property” as used in sec.              
          465 includes personal property.                                             





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