Swallows Holding, Ltd. - Page 126

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          Appeals for the Fourth Circuit and the Board turned not on the              
          need to fill in a gap that Congress left in the statute but on a            
          matter of pure statutory construction.  Those judicial tribunals            
          gave effect to the relevant text by reading the text literally              
          and without reference to any contrary argument that the text was            
          ambiguous as to the inclusion of a timely filing requirement.               
          The judicial tribunals’ reading of the word “manner” was                    
          consistent with that word’s accepted meaning in legislative                 
          practice, as seen from the Board’s discussion in Anglo-Am.                  
          Direct Tea Trading Co. of the “structure” of the revenue acts.              
               Respondent with a citation to his nonacquiscence in                    
          Anglo-Am. Direct Tea Trading Co. v. Commissioner, supra, see                
          1939-1 C.B. (pt. 1) 39, argues on brief that the holdings in                
          Anglo-Am. Direct Tea Trading Co. and Ardbern Co. v.                         
          Commissioner, supra, as to the construction of former section               
          233 are incorrect and invites the Court to disavow those                    
          holdings.  We decline that invitation.  We also disagree with               
          respondent’s argument that the applicability of the rationale of            
          the court in Ardbern is limited to those cases where a                      


               29(...continued)                                                       
          therefore, primarily limited its analysis of whether the statute            
          included a timely filing requirement to the statement of the                
          Board quoted supra p. 36.  The court did point out, however, that           
          no provision in the Revenue Act of 1934, ch. 277, 48 Stat. 680,             
          precluded a late filing taxpayer who filed a return from                    
          receiving the benefit of the deductions to which the taxpayer was           
          otherwise entitled.  See id. at 426.                                        





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