- 5 - determinations are erroneous. Rule 142(a); INDOPCO Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933). The parties do not contend otherwise. Section 163(a) allows individual taxpayers a deduction from taxable income for interest paid or accrued on indebtedness. Deductions for "personal interest", however, are not allowed for individual taxpayers. Sec. 163(h)(1). Section 163(h)(2)(a) excludes "interest paid or accrued on indebtedness properly allocable to a trade or business (other than the trade or business of performing services as an employee)" from the definition of "personal interest" in section 163(h)(1). Section 163(h) does not directly address whether "personal interest" includes interest paid on Federal income tax deficiencies. We have held that interest paid on delinquent Federal income tax liabilities is personal interest and nondeductible under section 163(h) where the interest is not proved to be a normal or usual incident of a business. See Tippin v. Commissioner, 104 T.C. 518, 529 (1995). In Tippin, the record was silent as to the source of income or other circumstances that gave rise to the underlying income tax deficiency. Id. at 530. In the instant case, the record fails to disclose that the interest paid on petitioners' delinquent income tax liabilities was attributable to indebtedness allocable to a trade or business or to their investment activity. Because, as in Tippin, the instant recordPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011