James E. Redlark and Cheryl L. Redlark - Page 29

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               The above regulation simply provides that in the many                  
          situations where financing or credit transactions do not involve            
          the disbursement of any loan proceeds but do involve the                    
          extension of credit and interest charges or expenses therefor,              
          the interest expenses are to be allocated between the taxpayer’s            
          business and personal activity based on the nature of the                   
          particular underlying activity giving rise to the extension of              
          credit.                                                                     
               Under section 1.163-8T(c)(3)(ii), Temporary Income Tax                 
          Regs., even though no loan proceeds were disbursed to petitioners           
          by the Government, credit was extended to petitioners by the                
          Government, and petitioners were charged interest with regard               
          thereto.                                                                    
               Because the underlying activity in question in this case               
          (giving rise to the tax deficiency and to the Government’s                  
          extension of credit to petitioners) undisputedly relates to                 
          petitioners’ business, under section 1.163-8T(c)(3)(ii),                    
          Temporary Income Tax Regs., the interest expense in question                
          should be treated as allocable to petitioners’ business and as              
          deductible under the statute.                                               
               COLVIN and LARO, JJ., agree with this concurring opinion.              
               LARO, J., concurring:  I agree with the majority opinion.              
          I write separately, however, to emphasize the invalidity of                 
          section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed.           
          Reg. 48409 (Dec. 22, 1987), for reasons additional to those                 
          stated by the majority.                                                     





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