David H. and Suzanne Hillman - Page 10




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          loans to a partner (e.g., to finance a partner’s purchase of all            
          or part of his partnership interest, and the interest expense may           
          be treated as part of a passive activity).  See Staff of Joint              
          Comm. on Taxation, General Explanation of the Tax Reform Act of             
          1986, at 233 n.26 (J. Comm. Print 1987).  To avoid results that             
          lack economic significance in this type of transaction, it was              
          concluded that taxpayers should be permitted to offset the                  
          interest income with respect to a loan to a pass-through entity             
          (in which he has an ownership interest) against the interest                
          expenses passed through to the taxpayer for the same taxable                
          year.  See H. Conf. Rept. 99-841 (Vol. II), supra at II-146 to              
          II-147, 1986-3 C.B. (Vol. 4) at 146-147.  While there is no                 
          indication in the legislative history as to whether the                     
          offsetting items of income and expense should both be treated as            
          passive or nonpassive, that point is irrelevant because the                 
          income and deductions are netted.                                           
               The legislative history also contains the suggestion that              
          the amount of a taxpayer’s interest income from the loan that is            
          offset by the interest expense of a partnership should not exceed           
          the taxpayer’s allocable share of the interest expense (which               
          share for this purpose is not to be increased by a special                  
          allocation).  See id. at II-147, 1986-3 C.B. (Vol. 4) at 147.               
               Although the self-charged interest situation is specifically           
          recommended as a subject for regulations, the legislative history           






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