James E. Redlark and Cheryl L. Redlark - Page 57

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          For example, if an individual borrows money to take a vacation in           
          Spain, securing her debt with a mortgage on her business, the               
          interest on the borrowed funds is personal interest                         
          notwithstanding that the debt is secured by business property.              
          See sec. 1.163-8T(c)(1) Example, Temporary Income Tax Regs.  The            
          bulk of section 1.163-8T, Temporary Income Tax Regs., is devoted            
          to prescribing rules for tracing debt to specific expenditures.             
               The tracing approach selected by the Secretary may at times            
          appear wooden and mechanical.  Thus, an individual with $100 in             
          savings and two obligations, one to pay $100 to her employees and           
          one to pay $100 towards her vacation in Spain, can dictate the              
          tax result of borrowing $100 to pay one of those obligations by             
          deciding which one to pay with the borrowed $100.  Nevertheless,            
          the tracing approach leaves little room for ambiguity as to                 
          whether an indebtedness is business related, at least in the case           
          of debt financed expenditures that are clearly business or                  
          personal.                                                                   
               The legislative history of section 163(h) indicates a                  
          Congressional purpose to end the deduction for interest on debt             
          incurred to fund consumption, or personal, expenditures.                    
          S. Rept. 99-313 (1985), 1986-3 C.B. (Vol. 3) 804; H. Conf. Rept.            
          99-841 (1986), 1986-3 C.B. (Vol. 4) 154.  By requiring the manner           
          in which borrowed funds are expended to determine whether the               
          interest on those funds is deductible, the Secretary has defined            
          the term "properly allocable" in a way that is "reasonable in               
          light of the legislature's revealed design".  NationsBank v.                
          Variable Annuity Life Ins. Co., 513 U.S. at __, 115 S. Ct. at               



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