Edward A. Robinson III and Diana R. Robinson - Page 16




                                       - 105 -                                         
          given section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs.,              
          supra, as follows:                                                           
               In the absence of any confirmation that the temporary                   
               regulation has, after the fact, undergone the scrutiny                  
               that typifies a pre-adoption notice and comment period,                 
               one could argue that section 1.163-9T(b)(2)(i)(A) is                    
               entitled to no more deference than a proposed                           
               regulation.  * * *                                                      
                    Whatever questions the “temporary” nature of this                  
               regulation might raise as to the degree of deference it                 
               is owed, the parties themselves have chosen not to                      
               pursue them.  * * *  [Kikalos v. Commissioner, 190 F.3d                 
               791, 796 (7th Cir. 1999), revg. T.C. Memo. 1998-92.]                    
               With regard to the relevant legislative history relating to             
          enactment in 1986 of subsection (h) of section 163, I submit that            
          a reading thereof is available which has not yet been considered             
          by the various courts addressing this issue and which:  (1) Would            
          support a plain-meaning interpretation of section 163(h)(2)(A)               
          (allowing the deduction of individual income tax deficiency                  
          interest relating to a trade or business), and (2) which would               
          not support respondent’s per se disallowance rule.                           
               In the Joint Statement of Managers of the Conference Report,            
          H. Conf. Rept. 99-841 (Vol. II) at II-154 (1986), 1986-3 C.B.                
          (Vol. 4), 1, 154, published on September 18, 1986, the following             
          statement is made:                                                           
                    Under the conference agreement, personal interest                  
               is not deductible.  Personal interest is any interest,                  
               other than interest incurred or continued in connection                 
               with the conduct of a trade or business * * *  Personal                 
               interest also generally includes interest on tax                        
               deficiencies.  [Emphasis added.]                                        






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