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May 14, 2012


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The policy arguments advanced in the post are unimpeachable but fall afoul not only of the "plain meaning" of the statutory text but also historical tax practice. An improvident result, to be sure, but I'd have to join the majority.

Speaking of matters of statutory interpretation, I think it's instructive that Justice Sotomayor's opinion relied not only on "plain meaning" but also past practice. What will happen with the two collide a la the RadLAX case, also pending before the Court?

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