John L. Seymour - Page 5

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               Petitioner failed to file timely Federal income tax returns            
          for the taxable years 1992 and 1993.  On November 13, 1995,                 
          respondent issued separate notices of deficiency to petitioner              
          for the 1992 and 1993 taxable years.  On February 9, 1996,                  
          petitioner submitted Federal income tax returns (Forms 1040) for            
          the taxable years 1992 and 1993.  On Schedules A of the Forms               
          1040, petitioner deducted $51,339.28 and $42,410.72 as investment           
          interest for 1992 and 1993, respectively.                                   

                                       OPINION                                        

               After concessions, the principal issue in this case involves           
          the application of sections 163 and 1041 to interest that                   
          petitioner paid in 1992 and 1993 on indebtedness to his former              
          spouse.  Section 163(a) provides the general rule that there                
          shall be allowed as a deduction all interest paid or accrued                
          within the taxable year on indebtedness.  However, as an                    
          exception to this general rule, section 163(h)(1) provides that             
          in the case of a taxpayer other than a corporation, no deduction            
          shall be allowed for personal interest which is paid or accrued             
          during the taxable year.  Pursuant to section 163(h)(2), personal           
          interest does not include interest which is investment interest,            
          interest which is taken into account under section 469 in                   









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