- 63 - Temporary Income Tax Regs. It is specific to the fact that Federal taxes are reasonably considered a nondeductible, personal expenditure. Section 1.163-8T, Temporary Income Tax Regs., is a valid regulation and must be given "controlling weight". NationsBank v. Variable Annuity Life Ins. Co., 513 U.S. at __, 115 S. Ct. at 813-814. Accordingly, section 1.163-9T(b)(2)(A), Temporary Income Tax Regs., also is valid. D. The Majority's Other Points The above analysis is sufficient to convince me that the majority has improperly invalidated portions of the temporary regulations. Nonetheless, I will address certain of the majority's other points. 1. The Legislative History of Section 163(h) In reaching its holding, the majority relies in part on the scant legislative history behind section 163(h). The majority's main concern lies in the fact that the conference committee report cryptically states that, after the enactment of section 163(h), personal interest will "generally" include interest on tax deficiencies. H. Conf. Rept. 99-841 at II-154 (1986), 1986-3 C.B. (Vol. 4) at 154. The majority asserts that the term "deficiencies" is a term of art and concludes that the word "generally" must mean that Congress intended to carve out from the term “personal interest” the interest on tax deficiencies that are allocable to a trade or business within the meaning of the decisions in Reise v. Commissioner, 35 T.C. 571 (1961), affd. 299 F. 2d 380 (7th Cir. 1962); Polk v. Commissioner 31 T.C. 412 (1958), affd. 276 F.2d 601 (10th Cir. 1960); and Standing v.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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