John L. Seymour - Page 10

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          for purposes of section 163, without regard to the treatment of             
          the transaction under section 1041.5                                        
               Although regulations concerning this issue have not been               
          adopted,6 further indication of the IRS's position may be found             
          in Private Letter Rulings.7  In Priv. Ltr. Rul. 89-28-010 (Apr.             
          6, 1989), the taxpayer incurred a debt, the proceeds of which               
          were paid to the taxpayer's former spouse pursuant to a marital             
          settlement agreement.  In return, the taxpayer received the                 
          principal residence which, in turn, was used as security for the            
          debt.  Citing Notice 88-74, supra, the IRS concluded that the               
          interest on the debt will be qualified residence interest for               
          purposes of section 163(h) and that the taxpayer may deduct such            


               5Notice 88-74, 1988-2 C.B. 385, 386 further states:  "This             
          announcement serves as an 'administrative pronouncement' as that            
          term is described in section 1.6661-3(b)(2) of the regulations              
          and may be relied upon to the same extent as a revenue ruling or            
          revenue procedure."                                                         
               6See sec. 1.163-10T(k)(1)(ii), Temporary Income Tax Regs.,             
          52 Fed. Reg. 48414 (Dec. 22, 1987).  Sec. 1.163-10T, Temporary              
          Income Tax Regs., 52 Fed. Reg. 48410 (Dec. 22, 1987), addresses             
          the issue of what portion of an interest expense on an                      
          indebtedness secured by a qualified residence constitutes                   
          qualified residence interest.  However, this regulation does not            
          reflect the amendments of the 1987 Revenue Act, nor does it                 
          address circumstances involving a transfer of a qualified                   
          residence between spouses incident to a divorce.                            
               7Although private letter rulings are not precedent, sec.               
          6110(j)(3), they "do reveal the interpretation put upon the                 
          statute by the agency charged with the responsibility of                    
          administering the revenue laws."  Hanover Bank v. Commissioner,             
          369 U.S. 672, 686 (1962); see Rowan Cos. v. United States, 452              
          U.S. 247, 259 (1981); Estate of Cristofani v. Commissioner, 97              
          T.C. 74, 84 n.5 (1991); Estate of Jalkut v. Commissioner, 96 T.C.           
          675 (1991).                                                                 



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