James E. Redlark and Cheryl L. Redlark - Page 15

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               allocation is not affected by the use of an interest in                
               any property to secure the repayment of such debt or                   
               interest.  * * *  [52 Fed. Reg. 25000 (July 2, 1987).]                 
          On this basis, it can be argued that the proceeds of an                     
          individual's income tax indebtedness cannot be considered as                
          expended in a trade or business.  From this it would follow that            
          section 1.163-9T(b)(2)(I)(A), Temporary Income Tax Regs., which             
          treats interest on income tax deficiencies as personal interest             
          (see infra p. 19), simply represents a specific example of the              
          application of the expenditure method of allocation of                      
          indebtedness set forth in section 1.163-8T, Temporary Income Tax            
          Regs., and is therefore valid.                                              
               The question to be resolved is whether section 7805(a)                 
          provides a sufficient basis to justify the application of the               
          expenditure method of allocation set forth in section 1.163-                
          8T(c), Temporary Income Tax Regs., to the factual situation                 
          involved herein.  Whatever the merits of such method of                     
          allocation may be in other contexts, we do not think that the               
          Secretary of the Treasury should be entitled to use the authority           
          conferred by section 7805(a) to construct a formula which                   
          excludes an entire category of interest expense in disregard of a           
          business connection such as exists herein.  Such a result                   
          discriminates against the individual who operates his or her                
          business as a proprietorship instead of in corporate form where             
          the limitations on the deduction of "personal interest" would not           
          apply.  See Brennan & Megaard, supra at 33.  We are not persuaded           
          that we should view the category of income tax deficiencies as              





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