Nick and Helen Kikalos - Page 31

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               Section 163(h)(2)(A) exempts from the category of personal             
          interest (which is nondeductible for individuals) "interest paid            
          or accrued on indebtedness properly allocable to a trade or                 
          business (other than the trade or business of performing as an              
          employee)".                                                                 
               In Redlark v. Commissioner, 106 T.C. 31 (1996), on appeal              
          (9th Cir., May 15, 1996), the taxpayers deducted the amount of              
          interest on the portion of a deficiency in Federal income tax               
          arising out of the Commissioner's adjustments that resulted from            
          accounting errors in the taxpayers' unincorporated business.  The           
          Commissioner, relying on the provisions of section 1.163-                   
          9T(b)(2)(i)(A), Temporary Income Tax Regs., supra, denied the               
          deduction, arguing that the payment at issue was the payment of             
          personal interest.  We disagreed, holding that section 1.163-               
          9T(b)(2)(i)(A), Temporary Income Tax Regs., supra, was invalid              
          insofar as it applied to the taxpayers' circumstances.  We                  
          further held that the interest at issue was deductible as                   
          interest on an "indebtedness properly allocable to a trade or               
          business" within the meaning of section 163(h)(2)(A).                       
               The principle of Redlark applies here.  There is no dispute            
          that petitioners, cash basis taxpayers, paid the interest at                
          issue on income tax deficiencies resulting from their operation             
          of Nick's Liquors, their unincorporated trade or business.  Under           
          section 163(h)(2)(A), the interest they paid is deductible                  
          because it was paid upon an indebtedness properly allocable to              




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