Wednesday, October 12, 2005

Statute drafting technique.

Why, when drafting statutory, don't legislatures describe in some kind of introductory section the target of that provision? For example, Internal Revenue Code, Section 469 is clearly aimed at limited partners. But no where in that section does the phrase "limited partners" appear. And if I wasn't so damned good at spotting these things, I'd be very confused about who Congress was attempting to screw when it denied deductions for "passive activity" losses.

1 Comments:

Blogger Chris said...

Ignore the IRC example in this post. I just noticed Section 469(h)(2) does directly refer to limited partnerships. The main point, however, still stands.

8:03 PM  

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