Hi Tom.  An RTF has an implicit root node, so it is never empty.  See
http://www.w3.org/TR/xslt#section-Result-Tree-Fragments (which the comment
in the test should reference).  It states: "A result tree fragment is
treated equivalently to a node-set that contains just a single root node.
...When a permitted operation is performed on a result tree fragment, it is
performed exactly as it would be on the equivalent node-set."  It may not
be what you expect, but it's what the spec says.

-scott

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