James E. Redlark and Cheryl L. Redlark - Page 24

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          previously pointed out, see supra note 3, made no substantive               
          change.  Besides the implication from the fact that the                     
          regulation was only temporary, 11 months is a relatively short              
          period of time for considering its impact.                                  
               The second action is a 1990 proposal of the Senate Finance             
          Committee to amend section 163, by eliminating the deduction for            
          corporate taxpayers of interest on income tax deficiencies.  In             
          explaining the proposed change of law, the Committee states:                
                    Individuals are not permitted to deduct personal                  
               interest. For this purpose, personal interest includes                 
               interest on underpayment of the individual's income taxes,             
               even if all or a portion of the individual's income is                 
               attributable to a trade or business.  [136 Cong. Rec. S15711           
               (Oct. 18, 1990).]                                                      
               First, this statement is not reliable evidence of                      
          Congressional approval considering that it is only a proposal               
          entered into the Senate record, and that the provision was not              
          approved by Congress, nor is there any indication that the House            
          of Representatives even reviewed the proposal. Furthermore, the             
          proposed amendment contains an express restriction on the                   
          deductibility of deficiency interest, which shows that Congress             
          knew how to restrict the deductibility of interest if it so                 
          intended.                                                                   
               One final comment.  Suppose that the only income reported on           
          the return of petitioners had been Schedule C income from Carrier           
          Communications and that the entire deficiency related to the type           
          of errors that the courts have previously concluded were expected           
          to occur in the ordinary course of business.  E.g., Polk v.                 
          Commissioner, supra.  It would constitute an unrealistic                    




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