John A. Malone and Brenda K. Malone - Page 2

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          a deed of trust on petitioners’ residence.  Seattle Pump employed           
          petitioner John A. Malone (petitioner) and other members of his             
          family after petitioners bought the stock.                                  
               Petitioners deducted interest they paid on the notes they              
          used to buy the stock.  Respondent disallowed the deduction on              
          the grounds that the interest was personal interest under section           
          163(h).  After concessions, we must decide:                                 
               1.   Whether section 163(h), which was effective for taxable           
          years beginning after December 31, 1986, applies to interest paid           
          in 1989, 1990, and 1991 on indebtedness incurred in December                
          1986.  We hold that it does.                                                
               2.   Whether the interest at issue either is trade or                  
          business interest under section 163(h)(2)(A) or is investment               
          interest under section 163(h)(2)(B) and (d).  We hold that the              
          interest is investment interest and that petitioners have not               
          shown that they received any investment income.  Sec. 163(d).               
               3.   Whether petitioners may deduct the interest at issue as           
          an expense for the production of income under section 212.  We              
          hold they may not.                                                          
               4.   Whether petitioners may deduct the interest at issue as           
          qualified residence interest under section 163(h)(2)(D) and (3).            
          We hold that they may not.                                                  








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