James E. Redlark and Cheryl L. Redlark - Page 8

                                        - 8 -                                         
          380 (7th Cir. 1962), we again had to decide whether certain                 
          expenses, including interest on a Federal income tax deficiency,            
          stemming from the reporting of sales on a cash basis instead of             
          an accrual basis, were deductible as business expenses in                   
          computing a net operating loss carryback.  Recognizing that prior           
          to Standing v. Commissioner, supra, and Polk v. Commissioner,               
          supra, we had denied taxpayers a deduction for deficiency                   
          interest in Aaron v. Commissioner, 22 T.C. 1370 (1954), we                  
          concluded that, in Standing and Polk, we had departed from the              
          restrictive view of the phrase "attributable to trade or business           
          carried on by the taxpayer" utilized in Aaron4 and that Aaron               
          should no longer be followed where net operating losses were                
          concerned.  Reise v. Commissioner, supra at 579.  We reaffirmed             
          the reasoning of Standing and Polk and, finding the factual                 
          situation indistinguishable from those cases, held the deficiency           
          interest deductible as a business expense in determining the                
          amount of a net operating loss carryover.  Again, our reasoning             
          was adopted by the Court of Appeals.                                        
               To complete our analysis of the pre-section 163(h)                     
          situation, we note that because of explicit legislative history             


          The standard adopted by Aaron v. Commissioner, 22 T.C. 1370                 
          (1954), imported the statement in the legislative history of sec.           
          22(n)(1) of the Internal Revenue Code of 1939 (the predecessor of           
          sec. 62(a)(1)) to the effect that expenses deductible under that            
          section were those "directly incurred in the carrying on of a               
          trade or business" and that "the connection contemplated by the             
          statute is a direct one rather than a remote one", giving State             
          income taxes as an example of a nondeductible expense.  Reise v.            
          Commissioner, 35 T.C. 571, 577 (1961), affd. 299 F.2d 380 (7th              
          Cir. 1962).                                                                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011