Swallows Holding, Ltd. - Page 102

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          statutory construction”.  Chevron U.S.A., Inc. v. Natural Res.              
          Def. Council, Inc., supra at 843 n.9; see also Volkswagenwerk v.            
          FMC, 390 U.S. 261, 272 (1968); FTC v. Colgate-Palmolive Co.,                
          380 U.S. 374, 385 (1965).                                                   
               We agree with the holdings in Anglo-Am. Direct Tea Trading             
          Co. v. Commissioner, 38 B.T.A. 711 (1938), and its progeny, that            
          the plain meaning of the word “manner”, as used in the relevant             
          text, does not include an element of time.  For purposes of our             
          Federal tax system, Congress has consistently used the word                 
          “time” together with the word “manner” when it intended to                  
          include the meanings of both words in a single taxing section.              
          In the Revenue Act of 1928, for example, from which section 233             
          emanated, Congress used both words in sections 115(g) and 291.              
          The former section addressed the situation where “a corporation             
          cancels or redeems its stock * * * at such time and in such                 
          manner as to make the distribution and cancellation or redemption           
          in whole or in part essentially equivalent to the distribution of           
          a taxable dividend”.  Revenue Act of 1928, ch. 852, sec. 115(g),            
          45 Stat. 822.  The latter section provided that additions to tax            
          for failure to file a tax return “shall be collected at the same            
          time and in the same manner and as part of the tax”.  Revenue Act           
          of 1928, ch. 852, sec. 291, 45 Stat. 857.                                   
               In the 1939 Code, when the relevant text was first codified,           
          Congress again used the words “time” and “manner” together when             






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