- 18 - interest at issue does not qualify under the trade or business exception under section 163(h)(2)(A).7 3. Limitation of Deduction of Investment Interest The amount of investment interest that a taxpayer other than a corporation may deduct may not exceed the taxpayer's net investment income for the taxable year. Sec. 163(d)(1). Petitioners have not shown that they had any net investment income during the years in issue. There is no evidence that Seattle Pump paid dividends during the years in issue.8 We conclude that petitioners may not deduct any of the interest at issue as investment interest except as allowed next. 4. Phase-In Limitations Disallowance of the deduction of net investment income interest is phased-in during taxable years 1987 to 1990. Sec. 163(d)(6). Disallowance of personal interest is phased-in for 1987 to 1990 under different rules than for net investment interest. Sec. 165(h)(5). Respondent determined that the interest at issue is personal interest. Consistent with that determination, petitioners should be entitled to an interest 7In light of this conclusion, we need not decide respondent's contention that petitioners' purchase of Seattle Pump stock was properly allocable to their trade or business of providing services as an employee. See sec. 163(h)(2)(A). 8Petitioners do not argue that their wages are investment income under sec. 163(d). Wages received by a shareholder are not investment income under sec. 163(d); wages are compensation for personal services. Sec. 162(a)(1).Page: 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