James E. Redlark and Cheryl L. Redlark - Page 34

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               Subsequently, in Polk v. Commissioner, supra at 414-415,               
          this Court held that interest on an income tax deficiency                   
          stemming from the Commissioner's revaluation of the taxpayer's              
          livestock inventory was deductible as a business expense for                
          purposes of computing an NOL.  In so holding, this Court stated             
          that the case was "clearly controlled" by Standing.  Polk v.                
          Commissioner, supra at 415.  We also stated that the deficiency             
          interest was deductible as a business expense because the                   
          deficiency "arose in connection with * * * [the taxpayer's]                 
          business, and was proximately related thereto, and that the same            
          must be said of the interest paid thereon."  Id. at 415.  We                
          distinguished Maxcy v. Commissioner, 26 T.C. 526 (1956), on which           
          the Commissioner relied, by concluding:                                     
               The Opinion in that case includes the following (p.                    
               527):  “The burden is on * * * [the taxpayer] to                       
               demonstrate the clear allowability of the deduction.                   
               This burden he has failed to carry.”                                   
                    In the instant case, however, as in Standing,                     
               supra, * * * [the taxpayer's] burden is clearly and                    
               fully met.  We have carefully reexamined the problem,                  
               and we see no occasion to depart from the reasoning and                
               principles established by the Court of Appeals for the                 
               Fourth Circuit, and by this Court, in Standing.  [Polk                 
               v. Commissioner, supra at 415.]                                        
               On appeal, the Court of Appeals for the Tenth Circuit agreed           
          that these amounts were deductible.  Commissioner v. Polk,                  
          276 F.2d at 604.  According to the court, a taxpayer may compute            
          an NOL by deducting deficiency interest from gross income as a              
          business expense if the interest is an ordinary and necessary               
          expense incurred in the operation of the business.  The court               
          stated that the assessment of additional income taxes related to            




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