Scott C. and Sherry L. Russon - Page 7

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          apply to petitioner.  However, since stock is generally                     
          productive of dividends, the Commissioner contends that the stock           
          here is covered by section 163(d)(5)(A)(i), notwithstanding that            
          the Russon Brothers stock has, in fact, never paid a dividend.              
          Accordingly, the argument continues, the Russon Brothers stock is           
          "property held for investment", and, as such, petitioners'                  
          deduction for the interest is limited to their investment income.           
               If this case were to be decided under the Code as it existed           
          prior to enactment of the Tax Reform Act of 1986, Pub. L. 99-514,           
          100 Stat. 2085, petitioners might be entitled to prevail.  Under            
          prior law, the term "investment interest" was defined as                    
          "interest paid or accrued on indebtedness incurred or continued             
          to purchase or carry property held for investment."  Sec.                   
          163(d)(3)(D).  At that time, the phrase "property held for                  
          investment" had not been defined in the Code or the regulations.            
          Recklitis v. Commissioner, 91 T.C. 874, 907 (1988).  To determine           
          whether interest should be subject to the limitations of then               
          section 163(d)(1)1, the Tax Court looked to whether the taxpayer            

          1  The 1985 version of section 163(d)(1) provides:                          
               (1)  In general.--In the case of a taxpayer other than                 
               a corporation, the amount of investment interest * * *                 
               otherwise allowable as a deduction under this chapter                  
               shall be limited, in the following order, to--                         
                    (A)  $10,000 ($5,000, in the case of a separate                   
                    return by a married individual), plus                             
                    (B)  the amount of the net investment income * * *                
                    by which the deductions allowable under this                      




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