James E. Redlark and Cheryl L. Redlark - Page 4

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          Temporary Income Tax Regs., is invalid insofar as it disallows a            
          deduction for interest on a deficiency that is an ordinary and              
          necessary expense of a trade or business.                                   
               Section 62(a) provides in part:                                        
                    (a)  General Rule.--For purposes of this subtitle,                
               the term "adjusted gross income" means, in the case of                 
               an individual, gross income minus the following                        
               deductions:                                                            
                         (1)  Trade and business deductions.--The                     
                    deductions allowed by this chapter (other than by                 
                    part VII of this subchapter) which are                            
                    attributable to a trade or business carried on by                 
                    the taxpayer, if such trade or business does not                  
                    consist of the performance of services by the                     
                    taxpayer as an employee.                                          
               Section 162(a) provides in part:                                       
               There shall be allowed as a deduction all the ordinary                 
               and necessary expenses paid or incurred during the                     
               taxable year in carrying on any trade or business * * *                
               Section 163(h) provides in part:                                       
               (h) Disallowance of Deduction for Personal Interest.--                 
                    (1) In General.--In the case of a taxpayer other                  
               than a corporation, no deduction shall be allowed under                
               this chapter for personal interest paid or accrued                     
               during the taxable year.                                               
                    (2) Personal Interest.-- For purposes of this                     
               subsection, the term "personal interest" means any                     
               interest allowable as a deduction under this chapter                   
               other than--                                                           
                         (A) interest paid or accrued on indebtedness                 
                    properly allocable to a trade or business (other                  
                    than the trade or business of performing services                 
                    as an employee),                                                  
               Before proceeding to a determination of the effect of                  
          pertinent regulations, we must first consider whether the                   
          interest expense involved herein is sufficiently connected to the           





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