David H. and Suzanne Hillman - Page 9




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          section concerning portfolio income, specifically focused on                
          situations where a payment of nonpassive interest income is                 
          received by a taxpayer on a loan to an entity and a passive                 
          deduction for the interest payment is passed through to the                 
          taxpayer from the entity.  See id.  The legislative history                 
          contains a specific example of a taxpayer who receives nonpassive           
          interest income on loans made to a taxpayer’s pass-through entity           
          from which passive interest deductions are passed through to the            
          taxpayer.  See id. at II-146, 1986-3 C.B. (Vol. 4) at 146.  Such            
          interest is considered “self-charged” interest and therefore                
          “[lacks] economic significance”.  Id.  The example involved a               
          taxpayer who charges $100 of interest on a loan to an S                     
          corporation (engaged exclusively in passive activities) of which            
          he is the sole shareholder.  Under the general application of the           
          passive loss rules, the taxpayer might be viewed as incurring               
          $100 of passive activity expense (interest expense passed through           
          by the S corporation), and having $100 of interest income, which            
          cannot be offset by the interest-expense deduction because it is            
          portfolio in nature.  Thus, the taxpayer would have to recognize            
          $100 of taxable income from the transaction, although the                   
          economic substance of the transaction was a payment of interest             
          to himself.                                                                 
               Likewise, the Staff of the Joint Committee on Taxation                 
          focused on similar issues that could arise if a partnership makes           






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