- 10 - It is accepted that these regulations, if not invalid, would result in our concluding that interest on petitioners’ 1987 underpayment of Federal income taxes is nondeductible personal interest. We conclude that, taking into account the uncertainty as to the meaning of the statute, even as informed by the history of the legislation, these regulations constitute a permissible interpretation of the statute. As a result, the regulations are not invalid, and so petitioners’ claimed interest expense deduction is not allowed under chapter 1. C. Caselaw Setting of the Issues We first addressed the validity of section 1.163-8T, Temporary Income Tax Regs., 52 Fed. Reg. 24999 (July 2, 1987), and section l.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987), in Redlark v. Commissioner, 106 T.C. 31, 34 (1996). At that time, the Court of Appeals for the Eighth Circuit was the only Court of Appeals that had addressed the issue, and it concluded that section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., supra, is not invalid. Miller v. United States, 65 F.3d 687, 691 (8th Cir. 1995). With all due respect to the Court of Appeals for the Eighth Circuit, we concluded in Redlark v. Commissioner, 106 T.C. at 42, 47, that 6(...continued) 20, 1988. TAMRA 1988 sec. 6232(b), 102 Stat. at 3735. The regulations herein involved were issued before Nov. 20, 1988, and thus the “sunset” provision of sec. 7805(e)(2) does not apply to these regulations.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