- 8 - down payment or for a similar purpose, as respondent argues. We therefore uphold respondent’s determination of the amount of gain recognized on this transaction, as modified by the concession. The third issue for decision is whether petitioners made deductible interest payments in 1994 and 1995 that were not claimed as deductions on their returns. Interest is allowed as a deduction to non-corporate taxpayers under section 163(a) only if it is not “personal interest” as defined under section 163(h)(2). See sec. 163(h)(1). Interest which is not personal interest and therefore may be deducted unless otherwise not allowed includes: (1) interest paid or accrued on indebtedness properly allocable to a trade or business other than that of performing services as an employee; (2) any investment interest; and (3) any interest which is taken into account under section 469 in computing income or loss from a passive activity of the taxpayer. See sec. 163(h)(2)(A), (B), and (C). Petitioners argue that petitioner borrowed $60,000 from his sister for use in starting a “rental real estate” business.2 2Petitioners made this argument for the first time at trial, but respondent did not object either to petitioners’ argument or to their presentation of supporting evidence. We therefore treat this issue as having been properly pled. See Rule 41(b)(1) (“When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.”); Parekh v. Commissioner, T.C. Memo. 1998-151 (Rule 41(b) was satisfied (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011