Edward A. Robinson III and Diana R. Robinson - Page 10




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               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.                                                          





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