Scott C. and Sherry L. Russon - Page 11

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          Petitioners call attention to the fact that in this case there              
          would be no "mismeasurement of income which can result from the             
          deduction of investment interest expense in excess of current               
          investment income."  However, there are at least several answers            
          to petitioners' point.  In the first place, as has been stressed            
          earlier in this opinion, the statutory language was intended by             
          Congress, as shown in the report of the Senate Finance Committee,           
          to cover "property that normally produces interest, dividends or            
          royalty income."  S. Rept. 99-313, supra, 1986-3 C.B. (Vol. 3) at           
          728.  (Emphasis added.)  And in this case the property involved,            
          stock, is of a type that "normally" produces dividends.  In the             
          second place, as pointed out by Judge Friendly in Commissioner v.           
          Pepsi Cola Niagara Bottling Corp., 399 F.2d 390, 392 (2d Cir.               
          1968), "a legislature seeking to catch a particular abuse may               
          find it necessary to cast a wider net."                                     
               Further, petitioners fail to consider the fact that Russon             
          Brothers is a C corporation.  If Russon Brothers were an S                  
          corporation or a partnership, it appears that Scott, as an active           
          manager, would be entitled to deduct the interest, without                  
          limitation, on the debt incurred to purchase the stock as a                 
          direct owner of the business.  However, as a C corporation,                 
          Russon Brothers is a separate taxpaying entity, distinguishable             
          from its owners.  Cf., e.g., Moline Properties, Inc. v.                     
          Commissioner, 319 U.S. 436 (1943).  Russon Brothers owns the                
          mortuary business, not Scott and his fellow stockholders.  Scott            




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