Robert W. and Janet L. Carlson - Page 7




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          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), nonseparately            





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