Edward A. Robinson III and Diana R. Robinson - Page 1
















                                   119 T.C. No. 4                                     


                               UNITED STATES TAX COURT                                


            EDWARD A. ROBINSON III AND DIANA R. ROBINSON, Petitioners v.              
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 9574-99.           Filed September 5, 2002.                 


                    P-H operated a law practice as a sole proprietorship at           
               all relevant times.  R audited Ps’ 1987 joint tax return and           
               made several adjustments to the Schedules A and C attached             
               to this tax return.  Ps agreed to R’s adjustments and the              
               resulting deficiencies and additions to tax.  In 1994, R               
               seized real property that Ps owned; in 1995, R sold the                
               property and applied the proceeds to Ps’ underpayment of               
               their 1987 income tax liability and interest thereon.  On              
               Schedule C of their 1995 joint tax return, Ps deducted the             
               1987 underpayment interest that had been thus paid.                    
                    1. Held: Insofar as sec. 1.163-8T, Temporary Income Tax           
               Regs., 52 Fed. Reg. 24999 (July 2, 1987), and sec. 1.163-              
               9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg.               
               48409 (Dec. 22, 1987), apply under the circumstances herein            
               to characterize the 1987 underpayment interest thus paid in            
               1995 as not being “interest * * * on indebtedness properly             
               allocable to a trade or business” within the meaning of sec.           







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