James E. Redlark and Cheryl L. Redlark - Page 3

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          accrual basis to cash basis for tax purposes.  The adjustments              
          involved the timing of the reporting of business income.                    
               In 1989 and 1990, petitioners paid interest on the Federal             
          income tax deficiencies for the 1982, 1984, and 1985 years.                 
               On Schedule C of their 1989 and 1990 Federal income tax                
          returns, petitioners claimed an allocable portion of such                   
          interest as a business expense.                                             
               Respondent disallowed a business deduction for the interest            
          but did allow 20 percent of the interest paid in 1989 and 10                
          percent of the interest paid in 1990 as a deduction under the               
          phase-in provisions of section 163(h)(5).1                                  
               Petitioners assert that the amount of the interest expense             
          which they have calculated as being attributable to Carrier                 
          Communications is an ordinary and necessary expense of a trade or           
          business under section 162, deductible in computing adjusted                
          gross income under section 62(a), and is therefore not personal             
          interest under section 163(h).                                              
               Respondent argues that petitioners are not entitled to a               
          deduction because, under section 1.163-9T(b)(2)(I)(A), Temporary            
          Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987), interest on           
          a Federal individual income tax deficiency is nondeductible                 
          personal interest under section 163(h).                                     
               Petitioners reply that section 1.163-9T(b)(2)(I)(A),                   


          Unless otherwise indicated, all section references are to the               
          Internal Revenue Code in effect for the years in issue, and all             
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  




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