James E. Redlark and Cheryl L. Redlark - Page 27

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               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 sole                        





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