- 19 - deduction that is no less than the amount that would be allowed under personal interest phase-in rules for each year. E. Whether Petitioners May Deduct the Interest At Issue as An Expense for the Production of Income Under Section 212 Petitioners contend that they may deduct the interest at issue as an expense for the production of income under section 212. We disagree. Petitioners asserted without explanation in their pretrial memorandum and posttrial briefs that they may deduct the interest at issue under section 212. Petitioners have not cited (and we are not aware of) any case in which a court disallowed interest deductions under section 163 and allowed them under section 212. Petitioner testified that petitioners bought Seattle Pump stock so that he and his family could have jobs. Section 1.212- 1(f), Income Tax Regs., provides that taxpayers may not deduct under section 212 the costs of seeking employment or placing oneself in a position to begin rendering personal services for compensation. The limits of section 163(d) would be undermined if taxpayers could deduct under section 212 interest which is not deductible under section 163(d). We conclude that petitioners may not deduct any of the interest at issue under section 212.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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