Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 47

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          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.                                                            




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