- 27 - SWIFT, J., concurring: Two significant facts are clear and undisputed in this case: (1) Under the express language of section 163(h)(2)(A), if an interest expense is properly allocable to a trade or business, then under that statute the interest expense is deductible; and (2) the interest expense at issue herein arose from, in connection with, and is allocable to, petitioners’ business. Accordingly, the interest expense should be deductible. Under respondent’s regulation and position herein, petitioners’ interest expense is not deductible “regardless” of the fact that it was clearly incurred by petitioners in connection with, and that it is undisputably allocable to, petitioners’ business. Respectfully, respondent’s regulation and position herein should be rejected as an erroneous attempt to redefine the substantive provision of section 163(h)(2)(A). I reiterate and emphasize that the statute speaks for itself. Thereunder, at the least, if an interest expense clearly relates to and is allocable to a taxpayer’s business, it is deductible. Respondent’s regulation may provide reasonable methods for allocating interest between a taxpayer’s business and personal activities. But if there is no question as to what an item of interest expense relates to, and is allocable to, then the statute is clear and, if the expense relates to the taxpayers’ business, the statute allows the deduction. Because section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987), in the context of a solePage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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