- 16 - business loan) and Ms. Finkelstein (for the restaurant acquisition financing). Section 163 generally allows the deduction of interest paid on indebtedness during the taxable year. Section 163(d)(1) limits the deduction for investment interest to the extent of net investment income. Investment interest means interest paid on indebtedness allocable to property held for investment. Sec. 163(d)(3)(A). Property held for investment includes any interest held by the taxpayer involving the conduct of a trade or business which is not passive activity and with respect to which the taxpayer did not materially participate. Sec. 163(d)(5)(A)(ii). Net investment income means investment income (gross income from property held for investment and net gain from the disposition of property held for investment) over investment expenses. Sec. 163(d)(4)(A) and (B). Petitioners have not shown that they received any offsetting investment income during 1992 or 1993. Thus, they are not entitled to a deduction for investment interest expenses for those years. Cf. Scott v. Commissioner, T.C. Memo. 1997-507. Arguably, the interest expenses paid by petitioners were not for investment interest, but were instead for interest indebtedness incurred in the operation of a trade or business and which is not subject to limitation under section 163. See King v. Commissioner, 89 T.C. 445, 463 (1987); Paoli v. Commissioner, T.C. Memo. 1988-23. But if the interest expenses were for trade or business indebtedness, suchPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011