- 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...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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