- 12 - business of selling real estate. Respondent contends that petitioners may not deduct interest related to developing and selling real estate as a trade or business expense because that activity was not a trade or business. Respondent contends that petitioners may deduct the interest as investment interest. 2. Interest That Petitioners Deducted as Farm Interest Respondent contends that petitioners have proven only that they paid $10,428 in interest for their farming activity for 1990. Respondent contends that the following interest paid by petitioners and deducted as farm interest is personal interest: 1990 Lender Amount New-East Bank (#8501000163, #8501001047, and #7501000074) $5,394 First Hanover Bank 8,126 Southern National Bank (#274-114025 and #273-018600) 2,074 Bank of Stanley 1,826 United Carolina Bank #0174 567 First Citizens Bank 3,345 Total $21,332 Petitioners contend that they may deduct these amounts as trade or business interest because petitioner used the proceeds from the loans for farming. 3. Background Generally, a taxpayer other than a corporation may not deduct personal interest. Sec. 163(h)(1).1 Investment interest, 1 Sec. 163(h) provides in pertinent part: (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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