James E. Redlark and Cheryl L. Redlark - Page 28

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          proprietorship, provides that regardless of that fact, an                   
          interest expense is not deductible, respondent’s regulation                 
          should be considered invalid.                                               
               The statute mandates an allocation and allows a deduction              
          for interest expense related to a taxpayer’s business.                      
          Respondent’s regulation, in the situation of a sole proprietor,             
          would leave nothing to be allocated.                                        
               Further, respondent’s position herein and her regulation               
          under section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs.,             
          52 Fed. Reg. 48409 (Dec. 22, 1987), is inconsistent with the                
          specific allocation rule provided under section                             
          1.163-8T(c)(3)(ii), Temporary Income Tax Regs., 52 Fed. Reg.                
          25001 (July 2, 1987), with regard to the frequent situations                
          where no loan proceeds are involved in the underlying transaction           
          or activity (namely, where the seller or provider of goods or               
          services provides the financing to the taxpayer or where the                
          transaction involves interest expenses associated with the mere             
          extension of credit, not the provision of funds).  Section 1.163-           
          8T(c)(3)(ii), Temporary Income Tax Regs., provides as follows:              


               If a taxpayer incurs or assumes a debt in consideration                
               for the sale or use of property, for services, or for                  
               any other purpose, or takes property subject to a debt,                
               and no debt proceeds are disbursed to the taxpayer, the                
               debt is treated for purposes of this section as if the                 
               taxpayer used an amount of the debt proceeds equal to                  
               the balance of the debt outstanding at such time to                    
               make an expenditure for such property, services, or                    
               other purpose. [Emphasis added.]                                       







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