Charles E. and Sherrie R. Strange - Page 5




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          deductions to further tax rate reductions.  See id., 1964-1 C.B.            
          (Part 2) at 173-174.  Accordingly, the Act did not change the               
          existing law with respect to the deduction of State income taxes.           
               Section 62(a)(4) provides that, in the case of an                      
          individual, the term "adjusted gross income" means gross income             
          minus, inter alia, the deductions allowed by part VI (section 161           
          and following), which are attributable to property held for the             
          production of rents or royalties.  See also sec. 1.62-1T(c)(5),             
          Temporary Income Tax Regs., 53 Fed. Reg. 9873 (Mar. 28, 1988)               
          (same); sec. 1.62-1T(d), Temporary Income Tax Regs., 53 Fed. Reg.           
          9874 (Mar. 28, 1988) (taxes are deductible in arriving at                   
          adjusted gross income only if they constitute expenditures                  
          directly attributable to a trade or business or to property from            
          which rents or royalties are derived).  Petitioners contend that            
          the State nonresident income taxes they paid were "attributable             
          to" property held for the production of royalties and are,                  
          therefore, deductible in computing adjusted gross income.  We               
          disagree.                                                                   
               The concept of adjusted gross income was first incorporated            
          by Congress into the 1939 Code by adding subsection (n) to                  
          section 22, I.R.C. 1939, in the Individual Income Tax Act of                
          1944, ch. 210, sec. 8(a), 58 Stat. 231, 235.2  See S. Rept. 885,            


               2Par. (4) of sec. 22(n), I.R.C. 1939, provided that the term           
          "adjusted gross income" means gross income minus the deductions             
                                                             (continued...)           





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