Zinovy Brodsky - Page 37




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          for the production or collection of income.                                  
               Section 163(a) generally allows a deduction for all interest            
          paid or accrued during the taxable year on indebtedness.  How-               
          ever, in the case of a taxpayer other than a corporation, section            
          163(h) generally disallows any deduction for "personal interest".            
          The term “personal interest” is defined to mean any interest                 
          allowable as a deduction under chapter 1 of the Code other than,             
          inter alia, interest paid or accrued on indebtedness properly                
          allocable to a trade or business (other than the trade or busi-              
          ness of performing services as an employee), any investment                  
          interest, and any interest which is taken into account under                 
          section 469 in computing income or loss from a passive activity              
          of the taxpayer.  Sec. 163(h)(2)(A), (B), and (C).  The term                 
          “investment interest” means, in general, any interest allowable              
          as a deduction under chapter 1 of the Code which is paid or                  
          accrued on indebtedness properly allocable to property held for              
          investment.  See 163(d)(3)(A).  Investment interest does not                 
          include, inter alia, any interest which is taken into account                
          under section 469 in computing income or loss from a passive                 
          activity of the taxpayer.  Sec. 163(d)(3)(B)(ii).  Although                  
          investment interest and interest which is taken into account                 
          under section 469 in computing income or loss from a passive                 
          activity of the taxpayer are excepted from the definition of the             
          term “personal interest”, the deductibility of the first two                 
          types of interest is subject to certain other limitations.  See              
          secs. 163(d)(1), 469(a).                                                     






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