- 30 - Before the Tax Reform Act of 1986 (TRA), Pub. L. 99-514, 100 Stat. 2085, this and other courts allowed an individual to deduct interest on his or her income tax liability as a business expense under sections 62(a)(1) and 162(a), see, e.g., Standing v. Commissioner, 28 T.C. 789, 795 (1957), affd. 259 F.2d 450 (4th Cir. 1958), or a nonbusiness itemized deduction, sec. 163(a).1 Thus, the courts allowed an individual to compute adjusted gross income (AGI) under section 62(a)(1) by deducting deficiency interest that was an ordinary and necessary expense under section 162(a), irrespective of the provisions of section 163 and independent of whether the individual itemized his or her deductions. See generally Bittker & Lokken, Federal Taxation Of Income, Estates And Gifts, par. 31.1.1, at 31-2 (2d ed. 1990) ("Since, even in the absence of �163(a), interest attributable to business or profit-oriented transactions would be deductable under �162 * * * or �212 * * *, the principal function of �163(a) is to permit the deduction of interest on consumer debt"). The Courts also allowed an individual to deduct deficiency interest that was an ordinary and necessary business expense under section 162(a) in order to compute a net operating loss (NOL) under section 172(d)(4). Polk v. Commissioner, 31 T.C. 412, 415 (1958), affd. 276 F.2d 601 (10th Cir. 1960). The Commissioner disagrees with the Courts' view. According to her, interest on an income tax liability attributable to a 1 Whether the interest was deductible as a business expense or a nonbusiness itemized deduction depended on the character of the income tax liability.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011