James E. Redlark and Cheryl L. Redlark - Page 37

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          According to her, the Congress enacted section 163(h), in part,             
          to prohibit an individual from deducting interest on an income              
          tax liability attributable to his or her trade or business.  I              
          disagree.                                                                   
               First, there is no reason to resort to the legislative                 
          history of section 163(h).  A statute speaks for itself, and its            
          legislative history should be sought to embellish the text only             
          when the meaning of the words therein are "inescapably                      
          ambiguous".  Garcia v. United States, 469 U.S. 70, 76 n.3 (1984);           
          see also Ex parte Collett, 337 U.S. 55 (1949).  The relevant text           
          of section 163(h) reads:                                                    
               In the case of a taxpayer other than a corporation, no                 
               deduction shall be allowed under this chapter for                      
               personal interest paid or accrued during the taxable                   
               year.                                                                  
               * * * the term "personal interest" means any interest                  
               * * * other than--                                                     
                    * * * interest paid or accrued on                                 
                    indebtedness properly allocable to a trade or                     
                    business * * *  [Sec. 163(h)(1) and (2)(A).]                      
          This text is not ambiguous.  Interest paid on a debt that is                
          properly allocable to a trade or business is not personal                   
          interest under section 163(h).  Given the clarity of this text,             
          the beginning and end of our inquiry should be the statutory                
          text, and we should apply the plain and common meaning of the               


          (...continued)                                                              
               helpful as a handy reference volume it also gives some                 
               guidance.  Where the Blue Book's explanation differs                   
               from that in a conference report it may serve to alert                 
               the reader that a technical correction is needed to                    
               reconcile the views.  [Emphasis added.]                                




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