William Lenehan III and Barbara Lenehan - Page 21




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          shelter noninvestment income with nontaxable income (e.g.,                  
          capital gains offset by the loss carryover).  This double tax               
          benefit is clearly not permitted by section 163(d).                         
               D.  Conclusion                                                         
               We hold that investment income, as defined by section                  
          163(d)(4)(B), requires inclusion of petitioners’ loss carryover             
          for purposes of calculating the section 163(d)(1) limitation on             
          the investment interest expense deduction.  We hold further that            
          petitioners’ investment interest expense deduction is limited to            
          $5,044.  In view of the foregoing, we sustain respondent’s                  
          determination on the disputed issue.                                        
               We have considered all of the other arguments made by                  
          petitioners and, to the extent that we have not specifically                
          addressed them, we find them to be without merit.                           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              


                                             Decision will be entered                 
                                        for respondent.                               













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