119 T.C. No. 4 UNITED STATES TAX COURT EDWARD A. ROBINSON III AND DIANA R. ROBINSON, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9574-99. Filed September 5, 2002. P-H operated a law practice as a sole proprietorship at all relevant times. R audited Ps’ 1987 joint tax return and made several adjustments to the Schedules A and C attached to this tax return. Ps agreed to R’s adjustments and the resulting deficiencies and additions to tax. In 1994, R seized real property that Ps owned; in 1995, R sold the property and applied the proceeds to Ps’ underpayment of their 1987 income tax liability and interest thereon. On Schedule C of their 1995 joint tax return, Ps deducted the 1987 underpayment interest that had been thus paid. 1. Held: Insofar as sec. 1.163-8T, Temporary Income Tax Regs., 52 Fed. Reg. 24999 (July 2, 1987), and sec. 1.163- 9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987), apply under the circumstances herein to characterize the 1987 underpayment interest thus paid in 1995 as not being “interest * * * on indebtedness properly allocable to a trade or business” within the meaning of sec.Page: 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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