- 30 - V. Petitioners' Interest Deduction On or about February 10, 1992, respondent assessed petitioners additional income tax of $286,147.50 for their 1986 tax year and $272,146 for their 1987 tax year. The assessments for 1986 and 1987 resulted from respondent's increase in petitioners' reported gross business profits for those years, based upon respondent's use of a bank deposits analysis. In 1992, petitioners paid $393,024 in interest on the additional amounts assessed for 1986 and 1987. Petitioners deducted the amount of the interest payment on their 1992 Federal income tax return. Respondent disallowed this deduction, alleging that it was personal interest under section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987). We disagree.5 4(...continued) repay $3,004 of the amount stolen in lotto money and beer deposits that they were holding for others. This repayment gave them a basis in that amount. See Reis v. Commissioner, T.C. Memo. 1996-469. 5 Sec. 1.163-9T(b)(2)(i)(A), Temporary Income Tax. Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987), provides in part: (2) Interest relating to taxes--(i) In general. Except as provided in paragraph (b)(2)(iii) of this section, personal interest includes interest-- (A) Paid on underpayments of individual Federal, State or local income taxes * * * regardless of the source of the income generating the tax liability * * *.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011