Gerald P. and Abbe L. Keane - Page 12

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          expenditure.  We have already concluded that the payments do not            
          constitute trade or business expenditures, and petitioner has               
          offered nothing to show that his interest payments relate to                
          either passive activity or investment expenditures.  We therefore           
          hold petitioner may not deduct his interest payments under                  
          section 163.                                                                
          Section 265 - Tax Exempt Income                                             
               Respondent argues that section 265 also prevents petitioner            
          from deducting the interest expenses here at issue.  Because the            
          Court concludes that petitioner's interest payments are not                 
          deductible under either section 162 or 163, we decline to examine           
          the implications of section 265 on petitioner's scholarship                 
          repayment.                                                                  
               For the foregoing reasons, we sustain respondent's                     
          determination that petitioner is liable for the deficiency                  
          relating to the deduction of his interest payments for 1991,                
          1992, and 1993.                                                             
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          












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