- 10 - 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 historyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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