James E. Redlark and Cheryl L. Redlark - Page 18

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          section 1.163-9T, Temporary Income Tax Regs., can, in any event,            
          be appropriately independently determined.  Accordingly, we turn            
          our attention to that task.                                                 
               Section 1.163-9T(b)(2)(I)(A), Temporary Income Tax Regs.,              
          provides:                                                                   
                    (2) Interest relating to taxes--(I) In general.                   
               Except as provided in paragraph (b)(2)(iii) of this                    
               section, personal interest includes interest--                         
                    (A) Paid on underpayment of individual Federal,                   
               State or local income taxes * * * regardless of the                    
               source of the income generating the tax liability;                     
               The only legislative history of section 163(h) which                   
          directly addresses the issue involved herein is the conference              
          committee report which states:                                              
                    Under the conference agreement, personal interest                 
               is not deductible.  Personal interest is any interest,                 
               other than interest incurred or continued in connection                
               with the conduct of a trade or business (other than the                
               trade or business of performing services as a[n]                       
               employee), investment interest, or interest taken into                 
               account in computing the taxpayer's income or loss from                
               passive activities for the year.  Personal interest                    
               also generally includes interest on tax deficiencies.                  
               [H. Conf. Rept. 99-841 at II-154 (1986), 1986-3 C.B.                   
               (Vol. 4) 1, 154.]                                                      
               The General Explanation of the Tax Reform Act of 1986,                 
          elaborates on this statement by providing as follows:                       
               Personal interest also includes interest on                            
               underpayment of individual Federal, State or local                     
               income taxes notwithstanding that all or a portion of                  
               the income may have arisen in a trade or business,                     
               because such taxes are not considered derived from the                 
               conduct of a trade or business.60  * * *                               
               _______                                                                
               60  Personal interest does not include interest on                     
               taxes, other than income taxes, that are incurred in                   
               connection with a trade or business.  (For the rule                    
               that taxes on net income are not attributable to a                     




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