Winn-Dixie Stores, Inc. and Subsidiaries - Page 64




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          of all serious purpose.'"  Id. (quoting Gregory v. Helvering, 293           
          U.S. at 470).                                                               
               A taxpayer's right to a deduction for interest on an                   
          insurance policy loan is based on section 163, not section 264.             
          Golsen v. Commissioner, 54 T.C. 742, 755 (1970), affd. 445 F.2d             
          985 (10th Cir. 1971).  Section 264 does not confer the right to a           
          deduction but simply denies, disallows, or prohibits deductions             
          that might otherwise be allowable under some other provision.               
          See id. at 756.  Thus, while the parties agree that petitioner's            
          COLI plan meets the "four-of-seven test" of section 264(c)(1) and           
          would be excepted from the general disallowance rule of section             
          264(a)(3), section 264 does not confer a right upon petitioner to           
          take the deduction that would not otherwise be allowable under              
          section 163.                                                                
               Petitioner cites the Senate Finance Committee's report                 
          discussing the scope of section 264 prior to the 1964 amendment.            
          The report states that "under present law, no interest deductions           
          are denied where the taxpayer purchases an insurance contract               
          with the intention of borrowing the maximum amount on the                   
          contract each year".  S. Rept. 830, 88th Cong., 2d Sess. (1964),            
          1964-1 C.B. (Part 2) 505, 581.  Based on this, petitioner argues            
          that Congress did not view the Supreme Court's decision in                  
          Knetsch as foreclosing interest deductions based on the type of             







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