- 7 - paid on the tax deferred by reason of the installment sale of timeshares and residential lots. Petitioners argue that this regulation is invalid. Respondent argues that the interest paid by petitioner as a shareholder of an S corporation, pursuant to section 453(l)(3), is nondeductible personal interest under section 163(h). We agree with respondent because, whether or not section 453(l)(3) interest can ever be deemed "properly allocable to a trade or business" under the exception to personal interest treatment contained in section 163(h)(2)(A), the trade or business in this case was that of Aqua Sun, and not that of petitioners. S corporations and partnerships, among certain other entities, are commonly known as "passthrough entities". In United States v. Basye, 410 U.S. 441, 448 (1973), the Supreme Court noted that "while the partnership itself pays no taxes, * * * it must report the income it generates * * * . For this purpose * * * the partnership is regarded as an independently recognizable entity." (Emphasis added). The partnership is thereafter treated as an agent or conduit through which the income passes; i.e., as a passthrough entity, but nevertheless a freestanding entity. See id. Under section 1366, relating to "Pass-thru of items to shareholders," and specifically subsection (a)(2), nonseparatelyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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