Scott C. and Sherry L. Russon - Page 10

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          corporation.  Further, it should be remembered that, although the           
          sale may be treated as having been made at arm's length,                    
          nevertheless the sellers were the fathers of the purchasers, and            
          at least in some circumstances it would seem more likely that               
          their consent would not be withheld than in the case of                     
          strangers.                                                                  
               Petitioners contend that the purpose of the new 1986                   
          provisions supports the allowance of the claimed deduction in               
          their case.  To be sure, the legislative history of the 1986 Act            
          does disclose that Congress was concerned with plugging a                   
          loophole that had permitted taxpayers to take deductions against            
          their earned income by reason of interest, expenses, losses,                
          etc., attributable to tax shelters and other arrangements not               
          related to the taxpayer's trade or business.  See H. Rept. 99-426           
          at 299-300 (1985), 1986-3 C.B. (Vol. 2).  And petitioners' rely             
          upon a statement of the staff of the Joint Committee on Taxation            
          explaining the reason for the new provisions, as follows:                   
                    Under prior law, leveraged investment property was                
               subject to an interest limitation, for the purpose of                  
               preventing taxpayers from sheltering or reducing tax on                
               other, non-investment income by means of the unrelated                 
               interest deduction.  Congress concluded that the                       
               interest limitation should be strengthened so as to                    
               reduce the mismeasurement of income which can result                   
               from the deduction of investment interest expense in                   
               excess of current investment income, and from deduction                
               of current investment expenses with respect to                         
               investment property on which appreciation has not been                 
               recognized.  [Staff of Joint Comm. on Taxation, General                
               Explanation of the Tax Reform Act of 1986 at 263 (J.                   
               Comm. Print 1987); emphasis added.]                                    





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