- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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