- 14 - or that such an application “‘would thwart the purpose of the overall statutory scheme or lead to an absurd or futile result.’” Booth v. Commissioner, 108 T.C. 524, 568, 569 (1997) (quoting Garcia v. United States, 469 U.S. 70, 76 n.3 (1984), and Albertson’s, Inc. v. Commissioner, 42 F.3d 537, 545 (9th Cir. 1994), affg. 95 T.C. 415 (1990)); see United States v. Am. Trucking Associations, Inc., supra at 543; see also United States v. Shriver, 989 F.2d 898, 901 (7th Cir. 1992); Allen v. Commissioner, 118 T.C. 1 (2002). The applicable text refers to “the taxpayer’s average adjusted [bases] * * * of [tax-exempt] obligations” and the “average adjusted bases for all assets of the taxpayer”. We read that text to refer to the tax-exempt obligations and assets owned by Peoples alone or, in other words, by the “taxpayer” for whom the subject calculation is performed. We do not read that text to provide that a taxpayer such as Peoples must include in its tax-exempt obligations any tax-exempt obligation purchased and owned by another taxpayer, whether the taxpayers be related or not. Cf. First Chicago NBD Corp. v. Commissioner, 135 F.3d 457 (7th Cir. 1998) (holding that section 902 did not allow aggregation where the statute referred literally to “a” corporation rather than to a group of affiliated corporations), affg. 96 T.C. 421 (1991). We understand Congress to have enacted the text as a means for raising revenue and bolstering equity inPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: March 27, 2008