Edward A. Robinson III and Diana R. Robinson - Page 21




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          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...)           





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