Scott C. and Sherry L. Russon - Page 6

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          year."  Section 163(d)(3) defines "investment interest" as "any             
          interest allowable as a deduction under this chapter * * * which            
          is paid * * * on indebtedness properly allocable to property held           
          for investment."  Section 163(d)(5) defines "property held for              
          investment" as follows:                                                     
               (A)  In general.  The term "property held for investment"              
               shall include--                                                        
                    (i) any property which produces income of a type                  
                    described in section 469(e)(1), and                               
                    (ii) any interest held by a taxpayer in an                        
                    activity involving the conduct of a trade or                      
                    business--                                                        
                         (I) which is not a passive activity, and                     
                         (II) with respect to which the taxpayer                      
                         does not materially participate.                             
                           *    *    *    *    *    *    *                            
               (C)  Terms.--For purposes of this paragraph, the terms                 
               "activity", "passive activity", and "materially                        
               participate" have the meanings given such terms by                     
               section 469.                                                           

          The income described in section 469(e)(1) includes "interest,               
          dividends, annuities, or royalties not derived in the ordinary              
          course of a trade or business", sometimes known as portfolio                
          income.                                                                     
               The dispute in this case revolves around whether the Russon            
          Brothers stock is "property held for investment".  Respondent has           
          stipulated that petitioner materially participates in Russon                
          Brothers, and concedes that section 163(d)(5)(A)(ii) does not               





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