James E. Redlark and Cheryl L. Redlark - Page 63

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          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.                



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