- 47 - the top-to-bottom review we have found required by National Muffler and the two-part test of Chevron will usually lead to the same result.5 Under both these standards, we start by deciding whether the words of section 1433(b)(2)(A) have a plain meaning. As the Supreme Court described step one of the analysis in Chevron, “If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.” Chevron, 467 U.S. at 842-43. As I noted in Swallows, 126 T.C. at 164 n.7 (Holmes, J., dissenting), there is a controversy over whether courts should only look to the text and structure of the statute in deciding whether a statute is ambiguous, Natl. R.R. Passenger Corp. v. Boston & Me. Corp., 503 U.S. 407, 417 (1992) (citations omitted), or whether they should also investigate the legislative history in this first step, Chevron, 467 U.S. at 842-843.6 However, that controversy isn’t relevant to this case: The majority opinion and the carefully drawn concurrences of Judges Swift and Thornton show the ambiguity of the phrase “generation- skipping transfer under a trust,” and Judge Thornton’s shows as 5 See Swallows, 126 T.C. at 173-174 (Holmes, J., dissenting). 6 The Sixth Circuit does look at legislative history in step one. See Hospital Corp., 348 F.3d at 143; Peoples Federal S&L, 948 F.2d at 299.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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