Gerald P. and Abbe L. Keane - Page 11

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          to petitioner's case.5  Petitioner maintains that the settlement            
          of his claim with DHHS was a decision made out of concern for his           
          private medical practice, and thus payments made pursuant to the            
          agreement are in pursuit of his trade or business.  This is                 
          essentially the same argument he makes in support of                        
          deductibility under section 162.                                            
               Similar to our section 162 analysis, 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.  Sec. 1.163-8T, Temporary Income Tax Regs., 52 Fed.           
          Reg. 24999 (July 2, 1987).  If the underlying debt is incurred as           
          a personal expenditure, the interest on that debt may not be                
          deducted under section 163.  Sec. 1.163-8T(a)(4)(ii), Ex. 1,                
          Temporary Income Tax Regs., 52 Fed. Reg. 25000 (July 2, 1987).              
               Personal expenditures are defined in the Temporary Income              
          Tax Regs., section 1.163-8T(b)(5), 52 Fed. Reg. 25000 (July 2,              
          1987), as any expenditure that is not a trade or business                   
          expenditure, a passive activity expenditure, or an investment               


               5The record is devoid of facts or argument which suggests              
          that petitioner's indebtedness interest is allocable to property            
          held for investment, sec. 163(h)(2)(B), passive activity, sec.              
          163(h)(2)(C), a qualified residence, sec. 163(h)(2)(D), or                  
          interest on any unpaid portion of tax imposed by sec. 2001, sec.            
          163(h)(2)(E).                                                               




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