Christopher M. and Theanne K. Weil - Page 5




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          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 record             






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