William Lenehan III and Barbara Lenehan - Page 13




                                       - 12 -                                         
               B.  Legislative History                                                
               Section 163(d) was enacted to curb the practice of using the           
          investment interest expense deduction to offset taxable income              
          (e.g., noninvestment income) in a current taxable year; i.e., to            
          prevent the "mismatching" of investment income and investment               
          expenses.10                                                                 
               As relevant to this case, the Tax Reform Act of 1969 (TRA              
          1969), Pub. L. 91-172, sec. 221(a), 83 Stat. 478, 574, initially            
          limited the deduction for investment interest expense to $25,000,           
          plus the amount of net investment income, plus the amount of                
          long-term capital gain.11  Again as relevant to this case, the              
          TRA 1969 amendment defined investment income as (i) the gross               
          income from interest and dividends, (ii) the net short-term                 
          capital gain attributable to the disposition of property held for           
          investment, and (iii) any amount treated under sections 1245 and            
          1250 as ordinary income.  See sec. 163(d)(3)(B), I.R.C. 1954 as             
          amended by TRA 1969.                                                        

               10H. Rept. 91-413, at 72 (1969), 1969-3 C.B. 200, 245,                 
          states in pertinent part:                                                   
               Where the taxpayer's investment, however, produces                     
               little current income, the effect of allowing a current                
               deduction for the interest is to produce a mismatching                 
               of the investment income and related expenses of                       
               earning that income.  In addition, the excess interest,                
               in effect, is used by the taxpayer to offset other                     
               income, such as his salary, from taxation.                             
               11Sec. 163(d)(1)(C), I.R.C. 1954 as amended by TRA 1969, is            
          similar to the sec. 163(d)(4)(B)(ii)(II) net capital gain prong.            





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011