James E. Redlark and Cheryl L. Redlark - Page 19

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               trade or business, see Treas. Reg. sec. 1.62-1(d),                     
               relating to nondeductibility of State income taxes in                  
               computing adjusted gross income.)  * * *  [Staff of                    
               Joint Comm. on Taxation, General Explanation of the Tax                
               Reform Act of 1986, at 266 (J. Comm. Print 1987).]                     
               Were it not for the foregoing, we would have been inclined             
          to conclude that the provisions of section 163(h)(2)(A) standing            
          alone would not have provided a sufficient basis for upholding              
          the regulation.  We so state because we have consistently been              
          reluctant to conclude that Congress overruled existing case law             
          when the statutory language does not compel such a conclusion and           
          Congress has not otherwise expressly indicated that such a result           
          should ensue.  See Santa Anita Consolidated, Inc. v.                        
          Commissioner, 50 T.C. 536, 560 n.13 (1968); cf. Stephenson Trust            
          v. Commissioner, 81 T.C. 283, 298-299 (1983); see also Reise v.             
          Commissioner, 35 T.C. at 578.  Compare Marquis v. Commissioner,             
          49 T.C. 695, 699 (1968), discussing the situation where, after              
          Congress imposed a specific limitation on the amount of                     
          deductible charitable contributions, Congress made clear, by                
          statutory provision, that such limitation applied as well to the            
          nondeductibility of charitable contributions as ordinary and                
          necessary business expenses under section 23(a)(2) of the                   
          Internal Revenue Code of 1939.  Our reluctance is reinforced by             
          the fact that the conference committee report makes it clear, at            
          the outset, that personal interest does not include "interest               
          incurred or continued in connection with a trade or business".              
          H. Conf. Rept. 99-841, supra at II-154, 1986-3 C.B. (Vol. 4) at             
          154; see also S. Rept. 99-313 at 804-806 (1986), 1986-3 C.B.                





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