Daniel V. Alfaro and Irma L. Alfaro - Page 3




                                         - 3 -                                          
          deficiencies, and in 1996, petitioners paid to respondent a total             
          of $1,527,695 in accrued statutory interest relating thereto.                 
               The parties have stipulated and we find that petitioners’                
          above income tax liabilities for 1982 through 1988 are properly               
          allocable to petitioner’s law practice.  The stipulation reads as             
          follows:                                                                      

               The tax compromised by * * * [petitioners and respondent]                
               was tax on income received by Petitioner in his Schedule C               
               law practice for legal fees earned in connection with the                
               settlement of a personal injury lawsuit.  As such, the tax               
               arose entirely from Petitioner’s trade or business.                      

               On petitioners’ joint Federal individual income tax return               
          for 1996, petitioners claimed an interest expense deduction on                
          Schedule C, Profit or Loss From Business, relating to the above               
          $1,527,695 in interest that petitioners paid to respondent in                 
          1996.                                                                         
               After an audit relating to petitioners’ 1996 Federal income              
          tax return, on July 6, 2000, respondent issued to petitioners a               
          notice of deficiency for 1996 in which respondent disallowed the              
          above claimed $1,527,695 interest expense deduction.                          

                                      Discussion                                        
               Section 163(a) provides generally that taxpayers may deduct              
          interest paid on an indebtedness.  Section 163(h)(1), however,                
          provides that individual taxpayers may not deduct “personal”                  
          interest.                                                                     





Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011