112 T.C. No. 17 UNITED STATES TAX COURT ROBERT W. AND JANET L. CARLSON, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 8907-97, 23135-97. Filed April 30, 1999. P is a shareholder of A, an S corporation. A is engaged in the business of selling residential timeshare units to individuals on an installment basis. A elected under sec. 453(l)(3)(A), I.R.C., to report installment sale income under the installment method. P, in his capacity as a shareholder, paid additional tax equal to the interest on the amount of tax deferred as a result of A's use of the installment method, as required under sec. 453(l)(3)(A), I.R.C. Pursuant to sec. 453(l)(3)(c), Ps deducted the payment as interest on their joint Federal income tax returns for 1993, 1994, 1995, and 1996. R disallowed the interest deductions in full on the basis that the interest constituted nondeductible personal interest under sec. 163(h)(2)(A), I.R.C. and sec. 1.163-9T(2)(i)(B), Temporary Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987). Held: Ps may not deduct the sec. 453(l)(3)(A), I.R.C., interest on the tax incurred by P on installment sales ofPage: 1 2 3 4 5 6 7 8 9 10 11 12 Next
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