-58- 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 whenPage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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