- 14 - Interest paid on indebtedness allocable to a trade or business (other than the trade or business of performing services as an employee) is not personal interest. Sec. 163(h)(2)(A). Investment interest is not personal interest, sec. 163(h)(2)(B); however, investment interest may be deducted only to the extent of the taxpayer's net investment income, sec. 163(d). Petitioners contend that the interest at issue is allocable to a trade or business, and that it was not the trade or business of performing services as employees. Alternatively, petitioners contend that they may deduct the interest at issue as investment interest under section 163(h)(2)(B). We agree that the interest at issue is investment interest. However, we disagree that petitioners may deduct it because they have not shown that they had any investment income during the years at issue. 2. Whether the Interest at Issue Is Allocable to an Investment or to a Trade or Business Petitioners contend that the interest at issue is allocable to the trade or business of owning and operating Seattle Pump. Petitioner testified that he bought the stock to get a job for himself and his family and that he believed he was not making an investment when he bought the stock. Petitioners contend that Miller v. Commissioner, 70 T.C. 448 (1978), supports their position that the purchase of stock in a company to obtain a job is in connection with a trade or business. We disagree. In Miller v. Commissioner, supra, thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011