- 11 - both section 1.163-8T, Temporary Income Tax Regs., supra, and section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., supra, as applied to the facts presented in Redlark were unreasonable. Relying on Redlark v. Commissioner, supra, we held in Kikalos v. Commissioner, T.C. Memo. 1998-92, that the interest on the income tax deficiencies resulting from the operation of the taxpayer- husband’s unincorporated trade or business was deductible under section 163(h)(2)(A) because the interest was properly allocable to the taxpayer-husband’s unincorporated trade or business. The Courts of Appeals for the Ninth and Seventh Circuits reversed our decisions in Redlark v. Commissioner, supra, and Kikalos v. Commissioner, supra, respectively, and held that section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., supra, is a reasonable interpretation of section 163(h). Kikalos v. Commissioner, 190 F.3d 791, 799 (7th Cir. 1999), revg. T.C. Memo. 1998-92; Redlark v. Commissioner, 141 F.3d 936, 942 (9th Cir. 1998), revg. and remanding 106 T.C. 31 (1996). The Courts of Appeals for the Fourth and Sixth Circuits also reached the same conclusion. McDonnell v. United States, 180 F.3d 721, 723 (6th Cir. 1999); Allen v. United States, 173 F.3d 533, 538 (4th Cir. 1999).7 7 Although the Courts of Appeals for the Fourth and Seventh Circuits noted the application of sec. 1.163-8T, Temporary Income Tax Regs., 52 Fed. Reg. 24999 (July 2, 1987) (Allen v. United States, 173 F.3d 533, 537 (4th Cir. 1999); Kikalos v. (continued...)Page: Previous 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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