- 2 - 163(h)(2)(A), I.R.C. 1986, and therefore as not being deductible under ch. 1, I.R.C. 1986, these regulations are valid. 2. Held, further, Redlark v. Commissioner, 106 T.C. 31 (1996), revd. and remanded 141 F.3d 936 (9th Cir. 1998), will no longer be followed. 3. Held, further, Ps are not entitled to deduct the interest they paid in 1995 on account of the underpayment of their 1987 income tax liability. Charles B. Sklar1, for petitioners. Joseph Ineich, for respondent. CHABOT, Judge: Respondent determined a deficiency in Federal individual income tax for 1995 against petitioners in the amount of $29,879.2 The issue for decision is whether petitioners may deduct for 1995 the interest they paid in 1995 on their 1987 Federal individual income tax underpayment.3 1 Cheryl R. Frank and Gerald W. Kelly, Jr., appeared on petitioners’ behalf at the trial. A few months later, before filing any briefs, they moved for leave to withdraw as counsel; the Court granted their motion. Later Charles B. Sklar entered his appearance and thereafter represented petitioners on brief. 2 Of this total, $28,015 is income tax under ch. 1 and $1,864 is self-employment tax under ch. 2. Unless indicated otherwise, all section and chapter references are to sections and chapters of the Internal Revenue Code of 1986 as in effect for 1995. The section references in table 1, infra, are to this Code as in effect for 1987. 3 Respondent disallowed petitioners’ $69,617 deduction of (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011