James E. Redlark and Cheryl L. Redlark - Page 5

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          business of Carrier Communications so as to satisfy the "properly           
          allocable to a trade or business" exception of section                      
          163(h)(2)(A), without regard to the regulations.                            
               Initially, we note that respondent does not question                   
          petitioners' calculation of the amounts of the total interest               
          payments that are allocable to those portions of the income tax             
          deficiencies based on adjustments to the income from Carrier                
          Communications.  Moreover, respondent has stipulated that those             
          adjustments reflected the correction of errors made in converting           
          the revenue of Carrier Communications giving rise to such income            
          from the accrual to the cash basis, i.e., the timing of reporting           
          such income.  In this context, petitioners have satisfied some of           
          the conditions that have thus far enabled us to avoid a decision            
          as to the impact of section 163(h)(2)(A) and the temporary                  
          regulation thereunder.  Tippin v. Commissioner, 104 T.C. 518, 529           
          (1995) (taxpayer failed to show any relationship between the                
          interest expense and any business); Crouch v. Commissioner, T.C.            
          Memo. 1995-289 (record failed to support taxpayer's allocation);            
          Rose v. Commissioner, T.C. Memo. 1995-75 (investment interest).2            
          The question remains, however, whether the elements giving rise             

          In Tippin v. Commissioner, 104 T.C. 518, 529 n.9 (1995), we                 
          specifically stated that we were not deciding the issue, a view             
          we also articulated in Rose v. Commissioner, T.C. Memo. 1995-75.            
          The issue was apparently also involved but not reached in True v.           
          United States, 93-2 USTC par. 50,461, 72 AFTR2d 93-5660 (D. Wyo.            
          1993), affd. per curiam without published opinion 35 F.3d 574               
          (10th Cir. 1994), because the District Court, in holding for the            
          Government, ruled that the interest on Federal income tax                   
          deficiencies was attributable to the business of partnerships or            
          subchapter S corporations of which the taxpayers were partners or           
          shareholders and not to their businesses as individuals.                    




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