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