- 27 - 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 thatPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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