- 6 - (D) any qualified residence interest (within the meaning of paragraph (3)), and (E) any interest payable under section 6601 on any unpaid portion of the tax imposed by section 2001 for the period during which an extension of time for payment of such tax is in effect under section 6163 or 6166 or under section 6166A (as in effect before its repeal by the Economic Recovery Tax Act of 1981). Sec. 163(h)(2). The exception relating to investment interest is the basis for petitioner's claim. Interest on indebtedness must be allocated in the same manner as its underlying debt. Sec. 1.163-8T, Temporary Income Tax Regs., 52 Fed. Reg. 24999 (July 2, 1987). Underlying debt is allocated by tracing specific disbursements of the proceeds to specific expenditures. Id. If the underlying debt is incurred as a personal expenditure, the interest on that debt may not be deducted under section 163 except to the extent such interest is qualified residence interest. Sec. 1.163-8T(a)(4)(ii), Example (1), Temporary Income Tax Regs., 52 Fed. Reg. 25000 (July 2, 1987). But if the underlying debt is incurred to acquire investment property, the interest on that debt is deductible under section 163 as investment interest. Sec. 163(h)(2)(B). Investment interest is defined as any interest paid on indebtedness properly allocable to investment property. Sec. 163(d). Investment property includes property producing gross income from interest, dividends, annuities or royalties not derived in the taxpayer'sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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