Sam E. Scott - Page 18

                                                    - 18 -18                                                      

             income.  Investment interest means interest paid on indebtedness                                     
             allocable to property held for investment.  Sec. 163(d)(3)(A).                                       
             Property held for investment includes any interest held by the                                       
             taxpayer involving the conduct of a trade or business which is not                                   
             a passive activity and with respect to which the taxpayer did not                                    
             materially participate.  Sec. 163(d)(5)(A)(ii).  Net investment                                      
             income means investment income (gross income from property held for                                  
             investment and net gain from the disposition of property held for                                    
             investment) over investment expenses.  Sec. 163(d)(4)(A) and (B).                                    
                    On his 1991 Federal tax return, petitioner reported that the                                  
             interest expenses incurred were investment interest.  In his                                         
             petition and on brief, petitioner described the interest as                                          
             incurred from business loans.  At trial, petitioner described the                                    
             interest as incurred on loans borrowed to support his interest in                                    
             an automobile dealership.                                                                            
                    Petitioner offered no evidence of his involvement in the                                      
             automobile dealership and thus failed to sustain his burden with                                     
             respect to the nature of the interest paid.  Rule 142(a);                                            
             Cannizzaro v. Commissioner, T.C. Memo. 1982-633; see also King v.                                    
             Commissioner, 89 T.C. 445, 456-467 (1987).  Consequently, we hold                                    
             that petitioner is entitled to deduct investment interest expenses                                   
             only to the extent of net investment income pursuant to section                                      
             163(d).7                                                                                             

                    7     In the notice of deficiency, respondent allowed $211 of                                 
                                                                                 (continued...)                   



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