Swallows Holding, Ltd. - Page 105

                                        -61-                                          
          the referenced statutes but omitted the word “time” in favor of             
          only the word “manner” in other single sections of those                    
          statutes; e.g., as in section 882(c)(2) and its predecessors.               
          See BFP v. Resolution Trust Corp., 511 U.S. 531, 537-538 (1994);            
          Chicago v. Envtl. Def. Fund, 511 U.S. 328, 338 (1994); Keene                
          Corp. v. United States, 508 U.S. 200, 208 (1993); Russello v.               
          United States, 464 U.S. 16, 23 (1983).  In construing a statute,            
          we must give a definite meaning to every word and expression                
          found therein, Dubuque & P.R. Co. v. Litchfield, 64 U.S. 66, 77             
          (1859); Early v. Doe, 57 U.S. 610, 617 (1853), and we must shy              
          away from interpreting a statute in a way that would render any             
          part of it redundant or surplusage, see Platt v. Union Pac. R.R.            
          Co., 99 U.S. 48, 58-59 (1878).  See Jones v. United States, 529             
          U.S. 848, 857 (2000); United States v. Menasche, 348 U.S. 528,              
          538-539 (1955); see also United States v. Olympic Radio &                   
          Television, Inc., 349 U.S. 232, 235-236 (1955) (in applying the             
          traditional rules of statutory construction, a court should                 
          assume that Congress uses language in a consistent manner, unless           
          otherwise indicated).  Such is especially so where, as here, we             
          understand Congress’s use of the word “manner” in the referenced            
          Code sections as giving context to that word.  We understand that           
          use to refer to items of information and not to refer to the time           
          for the filing of a return or the furnishing of any other                   
          document.  We conclude that Congress, by using only the word                






Page:  Previous  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  Next

Last modified: May 25, 2011