James E. Redlark and Cheryl L. Redlark - Page 64

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          Commissioner, 28 T.C. 789 (1957); affd. 259 F.2d 450 (4th Cir.              
          1958).  Majority op. pp. 20-22.                                             
               The majority's conclusion does not necessarily follow from             
          the language in the committee report.  First, whether or not the            
          term “deficiency” has an established meaning for purposes of                
          statutory construction, I am unconvinced that we ought to ascribe           
          to the drafters of a conference report the same care that is                
          supposed in the drafting of statutes.  Moreover, there is at                
          least one instance consistent with the temporary regulations in             
          which deficiency interest paid by an individual is not personal             
          interest.  Prior to the disallowance of a deduction for personal            
          interest, courts held that a transferee under section 6901 (tax             
          liability resulting from transferred assets) could deduct                   
          interest on an income tax deficiency that accrued after the                 
          transfer of the assets to which the tax related.  Haden Co. v.              
          Commissioner, 165 F.2d 588, 591 (5th Cir. 1948), affg. a                    
          Memorandum Opinion of this Court; Merritt v. Commissioner, T.C.             
          Memo. 1964-164.  Although perhaps not technically a deficiency of           
          the transferee, the deficiency and interest collected from a                
          transferee are collected pursuant to the usual deficiency                   
          procedures.  See sec. 301.6901-1(a)(1)(iii), Proced. & Admin.               
          Regs.  Section 1.163-9T(b)(2) (iii)(C), Temporary Income Tax                
          Regs., 52 Fed. Reg. 48410 (Dec. 22, 1983), excludes from the                
          definition of personal interest any interest paid with respect to           
          a C corporation's underpayment of income tax.  I assume that is             
          because the interest is regarded as investment interest within              
          the meaning of section 163(h)(2)(C).                                        



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