Estate of Duane B. Farnam, Deceased, Mark D. Farnam, Personal Representative, and Estate of Lois L. Farnam, Deceased, Mark D. Farnam, Personal Representative - Page 7




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               Petitioners contend that (as long as the family ownership              
          test of section 2057(e)(1)(B)(i) and (ii) is met), for purposes             
          of meeting the 50-percent liquidity test of section                         
          2057(b)(1)(C), an “interest” in a family corporation or                     
          partnership may include not only equity ownership interests but             
          also loan interests.                                                        
               Respondent contends that, for purposes of meeting the 50-              
          percent liquidity test of section 2057(b)(1)(C), an “interest” in           
          a family corporation or partnership does not include a loan                 
          interest in the family corporation.2                                        
               We begin our analysis with the language and structure of the           
          statute itself.  Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494             
          U.S. 827, 835 (1990); United States v. S.A., 129 F.3d 995, 998              
          (8th Cir. 1997); Allen v. Commissioner, 118 T.C. 1, 7 (2002).               
               In interpreting a statute, our purpose is to give effect to            
          Congress’s intent.  Chevron U.S.A., Inc. v. Natural Res. Def.               
          Council, Inc., 467 U.S. 837, 842-843 (1984); Iowa 80 Group, Inc.            
          v. IRS, 406 F.3d 950, 952 (8th Cir. 2005); Fernandez v.                     
          Commissioner, 114 T.C. 324, 329 (2000).  If the language of a               
          statute is plain and unambiguous, the function of the Court is to           
          apply the statute according to its terms.  See United States v.             
          Ron Pair Enters., Inc., 489 U.S. 235, 240-241 (1989).  If the               


               2 Respondent’s position is also stated in Tech. Adv. Mem.              
          200410002 (Nov. 6, 2003).                                                   






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