James E. Redlark and Cheryl L. Redlark - Page 62

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          reasonable.  Plainly, an expenditure made for Federal income                
          taxes is not an expenditure made in consideration of any specific           
          property or service received by the taxpayer.  The payment of               
          Federal income taxes is a civic duty, not a matter of business              
          contract or investment advantage.  All taxpayers, as well as                
          others (citizens and noncitizens) receive benefits on account of            
          the funding of the Federal Government.  The payment of Federal              
          income taxes reduces a taxpayer's wealth otherwise available for            
          consumption.  Thus, Federal income tax payments exhibit                     
          characteristics not common to business (or investment)                      
          expenditures.  Justice Holmes made a point that serves nicely to            
          emphasize the nonbusiness aspect to tax payments:  "Taxes are               
          what we pay for civilized society".  Compania General de Tabacos            
          de Filipinas v. Collector of Internal Revenue, 275 U.S. 87, 100             
          (1927) (Holmes, J., dissenting).                                            
               If Federal income taxes constitute consumption, and not a              
          trade, business, or investment expense, then, under a tracing               
          rule, such as the rule of section 1.163-8T, Temporary Income Tax            
          Regs., the inescapable, and reasonable, conclusion is that any              
          deficiency interest, or interest on a borrowing to pay income               
          taxes, is personal interest.  The taxpayer's purpose for                    
          borrowing the money, or the reason the deficiency arose (e.g.,              
          "my accountant made a mistake!") simply is irrelevant.  Though              
          that approach may appear wooden, it is unambiguous.                         
               The rule found in section 1.163-9T(b)(2)(i)(A), Temporary              
          Income Tax Regs., and invalidated by the majority, is nothing               
          more than a fact-specific application of section 1.163-8T,                  



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