- 57 - 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. atPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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