Christopher M. and Theanne K. Weil - Page 6




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          is silent as to the sources of the delinquent tax liabilities, we           
          sustain respondent's determination that the deductions for                  
          interest reported on petitioners' 1995 Federal income tax return            
          are personal interest and not allowed.                                      
               Because we agree with respondent that petitioners failed to            
          prove that the interest expense was incurred on indebtedness                
          properly allocable to petitioners' trade or business or to their            
          investment activities, we need not and do not consider sec.                 
          1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg.              
          48409 (Dec. 22, 1987), in this case.3                                       
          Addition to Tax                                                             
               Respondent determined that petitioners are liable for an               
          addition to tax for 1995 pursuant to section 6651(a)(1), which              
          imposes an addition to tax for a taxpayer's failure to file a               
          required return on or before the date prescribed, including                 
          extensions.  The amount added to the tax under section 6651(a)(1)           
          is 5 percent for each month or fraction thereof during which the            
          return is late, up to a maximum of 25 percent.  The addition to             
          tax is inapplicable, however, if the taxpayer's failure to file             



               3Sec. 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., 52             
          Fed. Reg. 48409 (Dec. 22, 1987), states that personal interest              
          includes interest "Paid on underpayments of individual Federal,             
          State or local income taxes and on indebtedness used to pay such            
          taxes (within the meaning of �1.168-8T), regardless of the source           
          of the income generating the tax liability".  See Redlark v.                
          Commissioner, 106 T.C. 31 (1996), revd. 141 F.3d 936 (9th Cir.              
          1998).                                                                      





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