James E. Redlark and Cheryl L. Redlark - Page 16

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          simply an incidental example, which unfortunately falls within              
          the broad spectrum of indebtedness to which the application of              
          the expenditure method of allocation would be appropriately                 
          applied, a situation which, in and of itself, might not be                  
          sufficient to invalidate the regulation.  See Associated                    
          Telephone & Telegraph Co. v. United States, 306 F.2d 824, 833 (2d           
          Cir. 1962); Brunswick Corp. v. Commissioner, 100 T.C. 6, 16                 
          (1993).                                                                     
               Nor do we think that the reasonableness of the expenditure             
          method of allocation, as applied to the facts herein, can be                
          supported by the fact that the Secretary chose the expenditure              
          method after considering a pro rata apportionment method of                 
          allocation that might have produced a different result in respect           
          of interest on business-related income tax deficiencies but which           
          the Secretary viewed as involving "practical and theoretical                
          problems", at the same time conceding that such problems would              
          not necessarily preclude the adoption of a pro rata apportionment           
          method in the future.  T.D. 8145, 1987-2 C.B. 47, 50.  The fact             
          of the matter is that any method of allocation would present                
          similar problems in its application (sections 1.163-8T and 1.163-           
          9T, Temporary Income Tax Regs., are themselves stark testimony as           
          to the validity of this observation), but this factor should not,           
          in and of itself, justify the selection of a method, at least to            
          the extent that its application produces an unreasonable result.            
               Moreover, we are not convinced that the reach of section               
          1.163-8T, Temporary Income Tax Regs., necessarily provides a                





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