James E. Redlark and Cheryl L. Redlark - Page 20

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          (Vol. 3) 1, 804-806.  This provides a broad context in which to             
          evaluate the impact of the exception for interest on an                     
          indebtedness allocable to the business.   Id.                               
               We first address the language of the conference committee              
          report.  Respondent argues that the word "generally" was intended           
          only to permit deduction of interest on past-due business taxes,            
          such as sales and excise taxes which the regulations specifically           
          exclude from the definition of personal interest.  See sec.                 
          1.163-9T(b)(2)(iii)(A), Temporary Income Tax Regs., 52 Fed. Reg.            
          48409 (Dec. 22, 1987).  On this basis, respondent concludes that            
          section 1.163-9T(b)(2)(I)(A), Temporary Income Tax Regs., is                
          reasonable and that additional proof of reasonableness is                   
          provided by the statement in the Joint Committee Staff                      
          Explanation.  See supra p. 19.  This approach is also articulated           
          by the Court of Appeals for the Eighth Circuit in Miller v.                 
          United States, 65 F.3d 687 (8th Cir. 1995), holding the temporary           
          regulation valid.                                                           
               We think both respondent and the Court of Appeals for the              
          Eighth Circuit overlook the use of the word "deficiencies" in the           
          sentence in the conference committee report.  That word has had a           
          long-established and well-known meaning.  It has been described             
          as a "term of art".  Bregin v. Commissioner, 74 T.C. 1097, 1101-            
          1102 (1980), which describes "deficiency" as a term of art                  
          represented by statutory definition as "the amount by which the             
          income, gift, or estate tax due under the law exceeds the amount            
          of such tax shown on the return"; see also Estate of Mueller v.             





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