James E. Redlark and Cheryl L. Redlark - Page 10

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          interest must be attributable to a trade or business to be                  
          deductible, which we found to be the case in Polk v.                        
          Commissioner, supra.  Clearly, this statement does not support a            
          per se denial of the deduction of deficiency interest in view of            
          the fact that the Court of Appeals affirmed our decision that               
          such interest was an ordinary and necessary expense for net                 
          operating loss purposes.  It may be that the above-quoted                   
          language narrows the types of situations where the ordinary and             
          necessary business expense requirement of section 162 has been              
          satisfied.  Indeed, we are satisfied that, given the source of              
          the income tax adjustments herein, i.e., accounting errors in               
          applying cash and accrual methods, petitioners have satisfied any           
          such narrow standard.  Reise v. Commissioner, supra (cash versus            
          accrual changes); cf. Polk v. Commissioner, supra (involving                
          inventory valuations).  We reject respondent's attack to the                
          extent that it goes beyond the above quotation from Polk and is             
          directed against the pre-section 163(h) decided cases generally.            
               Concededly there is some confusion in the reasoning of the             
          decided cases, but the thrust of their bottomline conclusions is            
          clear.  Exceptions will be accorded to the ordinary and necessary           
          provision of section 162 only when there is explicit legislative            
          indication that such a result was intended.  Thus, we agree with            
          petitioners that there is a consistent body of pre-section 163(h)           
          case law holding that, at least under limited circumstances such            
          as were involved in Standing v. Commissioner, supra, Polk v.                
          Commissioner, supra, and Reise v. Commissioner, supra, deficiency           





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