Edward A. Robinson III and Diana R. Robinson - Page 53




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          identical to the section 22(n)(1), I.R.C. 1939, language                    
          construed in Standing and so should have the same meaning as in             
          Standing.  In Reise v. Commissioner, 35 T.C. at 579-580, we noted           
          that neither Standing nor Polk discussed our earlier opinion in             
          Aaron v. Commissioner, 22 T.C. 1370 (1954), in which we had held            
          that interest on a tax underpayment was not attributable to the             
          taxpayer’s trade or business within the meaning of section                  
          122(d)(5), I.R.C. 1939.  In Reise we thereupon overruled Aaron              
          and reaffirmed the position we took in Polk that the interest on            
          the tax underpayment was attributable to the taxpayer’s trade or            
          business.                                                                   
               In Redlark v. Commissioner, 106 T.C. at 37, we then                    
          summarized the effect of the foregoing cases as follows:                    
                    Concededly there is some confusion in the reasoning of            
               the decided cases, but the thrust of their bottomline                  
               conclusions is clear.  Exceptions will be accorded to the              
               “ordinary and necessary” provision of section 162 only when            
               there is explicit legislative indication that such a result            
               was intended.  Thus, we agree with petitioners that there is           
               a consistent body of pre-section 163(h) case law holding               
               that, at least under limited circumstances such as were                
               involved in Standing v. Commissioner, supra, Polk v.                   
               Commissioner, supra, and Reise v. Commissioner, supra,                 
               deficiency interest is a deductible business expense under             
               section 162 and therefore under section 62(a)(1).  See                 
               Brennan & Megaard, “Deducting Interest on Noncorporate Trade           
               or Business Tax Deficiencies: Uncertainty Exists Under the             
               New Temporary Regulations”, 13 Rev. of Taxn. of Individuals            
               22 (1989).                                                             
               Later in our opinion in Redlark v. Commissioner, 106 T.C. at           
          43, we pointed out that                                                     







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