- 42 -                                         
          U.S.    ,    , 115 S.Ct. 810, 813-814 (1995)), I concur in the              
          majority's holding that it is outside the bounds of her                     
          regulatory authority under section 7805(a).7  Section                       
          1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., is invalid.               
          Accord Professional Equities, Inc. v. Commissioner, 89 T.C. 165             
          (1987); Stephenson Trust v. Commissioner, 81 T.C. 283 (1983); see           
          RLC Industries Co. v. Commissioner, 58 F.3d 413, 418 (9th Cir.              
          1995), affg. 98 T.C. 457 (1992).                                            
               SWIFT, WRIGHT, PARR, and VASQUEZ, JJ., agree with this                 
          concurring opinion.                                                         
          7 I note that the Commissioner's position in the instant                    
          case is inconsistent with a recent administrative position of               
          hers.  In Rev. Rul. 92-29, 1992-1 C.B. 20, the Commissioner                 
          modified Rev. Rul. 70-40, 1970-1 C.B. 50, to state that sec.                
          62(a)(1) allows an individual to deduct litigation expenses                 
          incurred in determining State and Federal income taxes on income            
          derived from his or her trade or business.  The recent ruling               
          also states that an individual may deduct the portion of a tax              
          preparation fee that is attributable to his or her                          
          sole-proprietor business.  Given the Commissioner's position with           
          respect to these litigation expenses and tax preparation fees, I            
          am unable to fathom why she continues to believe that the                   
          interest on a tax deficiency that is allocable to a trade or                
          business is not also deductible.                                            
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