James E. Redlark and Cheryl L. Redlark - Page 25

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          application of our tax laws to conclude that the interest on such           
          deficiency is not attributable to an indebtedness properly                  
          allocable to a trade or business under section 163(h)(2)(A), in             
          the absence of clear legislative intent that such a result is               
          required.  Yet, such is the inescapable consequence of adopting             
          respondent's position.                                                      
               In light of the foregoing, and with all due respect to the             
          Court of Appeals for the Eighth Circuit, we hold that, as applied           
          to the circumstances involved herein, section 1.163-                        
          9T(b)(2)(I)(A), Temporary Income Tax Regs., constitutes an                  
          impermissible reading of the statute and is therefore                       
          unreasonable.  Accordingly, we further hold that the interest               
          involved herein is interest "on indebtedness properly allocable             
          to a trade or business" and therefore excluded from personal                
          interest under section 163(h)(2).  In so holding, we emphasize              
          that there will be situations where a Federal income tax                    
          deficiency will not be as narrowly focused as is the case herein            
          and therefore interest paid on the deficiency may not be said to            
          constitute an ordinary and necessary business expense allocable             
          within the meaning of section 163(h)(2)(A).  Indeed, the                    
          situation in Miller v. United States, 95-1 USTC par 50,068, 76              
          AFTR2d 95-5162 (D.N.D. 1994), affd. 65 F.3d 687 (8th Cir. 1995),            
          which the District Court described as "an obviously improper                
          income deferral scheme", see supra note 6, can be said to fall              
          within the latter category.                                                 







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