- 22 - “that personal income tax obligations are always essentially personal in nature”). Despite whatever logical conclusions may flow from the Congress’s use of the term “personal interest”, and the Congress’s clearly expressed intention to end the deduction for indebtedness incurred to finance personal consumption expenditures, the instant case does not turn on whether the obligation to pay deficiency interest is a “personal obligation” or whether the payment of Federal individual income tax is a personal consumption expenditure. Indeed, the obligation to pay home mortgage interest is undoubtedly a “personal obligation”, yet that type of interest expense is excluded from the definition of personal interest. Sec. 163(h)(2)(D). Moreover, as we noted in Redlark v. Commissioner, 106 T.C. at 42: “To conclude that an income tax deficiency is ipso facto a consumption expenditure begs the issue.” Accordingly, the determination whether an item of interest is either a “personal obligation” or a “personal consumption expenditure” is not the talisman for purposes of applying section 163(h). Rather, the controlling inquiry, as framed by the statute itself, is whether the interest in issue is “properly allocable to a trade or business”. Sec. 163(h)(2)(A). When, as in the instant case, the Congress undertakes to define a term explicitly, “we must follow that definition, even if it varies from that term’s ordinary meaning.” Stenberg v. Carhart, 530 U.S. 914, 942 (2000); Guerrero-Perez v. INS, 242Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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