- 6 - Pursuit of his medical practice is a profit generating business activity which generates taxable income, and this, petitioner argues, should entitle him to deductions under sections 162 or 163. The interest incurred is not related to the repayment of medical school tuition and expenses, petitioner argues; rather, the agreement is an entirely new contract and should be examined independently from the original scholarship agreement with DHHS. Even if the payments under the agreement do not constitute repayment of student loans, respondent argues they are repayments of a qualified scholarship under section 117, meaning that interest payments incurred during repayment are not deductible because they are directly related to the production of tax-exempt income and are subject to the nondeductibility limitations of section 265. The issue for decision is whether petitioner may deduct the interest portion of the payments he made pursuant to the settlement agreement with DHHS in 1987. Deductions are strictly a matter of legislative grace, and petitioner must prove his entitlement to any deductions claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). If petitioner can prove the interest payments were an expense incurred in carrying on his trade or business, he may be entitled to business expense deductions under section 162. Alternatively, if petitioner canPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011