Nick and Helen Kikalos - Page 30

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          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 * * *.                               




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