William Lenehan III and Barbara Lenehan - Page 7




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          Discussion3                                                                 
               The parties do not dispute petitioners’ entitlement to an              
          investment interest expense deduction under section 163(a), but             
          the parties do dispute the calculation of that deduction.  The              
          main issue of contention between the parties is whether the term            
          “investment income”, as defined by section 163(d)(4)(B), includes           
          petitioners’ loss carryover for purposes of calculating the                 
          limitation on the investment interest expense deduction.                    
               The parties have not cited any case deciding the narrow                
          legal question presented herein, and we are not aware of any such           
          case.  In resolving this issue, we rely on section 163(d) and its           
          underlying framework and legislative history.                               
               A.  Statutory Framework                                                
               The starting point for the interpretation of a statute is              
          the language itself.  Consumer Prod. Safety Comm. v. GTE                    
          Sylvania, Inc., 447 U.S. 102, 108 (1980); see also United States            
          v. Bryant, 671 F.2d 450, 453 (11th Cir. 1982); Warbelow’s Air               
          Ventures, Inc. v. Commissioner, 118 T.C. 579, 583 (2002).  We               
          interpret the statute with reference to the legislative history             
          primarily to learn the purpose of the statute and to resolve any            
          ambiguity in the words contained in the text.  Allen v.                     


               3We need not decide whether sec. 7491, concerning burden of            
          proof, applies to the present case because the facts are not in             
          dispute and the issue is one of law.  See Higbee v. Commissioner,           
          116 T.C. 438 (2001).                                                        





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