Edward A. Robinson III and Diana R. Robinson - Page 54




                                       - 28 -                                         
               we have consistently been reluctant to conclude that                   
               Congress overruled existing case law when the statutory                
               language does not compel such a conclusion and Congress has            
               not otherwise expressly indicated that such a result should            
               ensue. * * *                                                           
               As we noted, supra, in H.R. 3838 as reported by the Ways and           
          Means Committee, “nonbusiness interest” was defined to exclude              
          “any interest which is allowable as a deduction in computing                
          adjusted gross income”.  Proposed amendment to sec. 163(d)(3)(B)            
          in sec. 402(a) of H.R. 3838 as reported by the Ways and Means               
          Committee.  If that language had been enacted, then our Redlark             
          analysis of the statute would properly have led to the conclusion           
          that interest on a tax underpayment under the circumstances of              
          Redlark and the instant case would continue to be deductible                
          under section 162 and that section 163 would not affect that                
          deductibility, and that regulations to the contrary would be                
          contrary to the statute.                                                    
               However, that language was not enacted.  See infra,                    
          Appendix.  Instead, in TRA 1986 the Congress defined “personal              
          interest” to exclude “interest paid or accrued on indebtedness              
          incurred or continued in connection with the conduct of a trade             
          or business”.  Sec. 163(h)(2)(A) (emphasis added).  In TAMRA 1988           
          the Congress changed the language so as to exclude from personal            
          interest “interest paid or accrued on indebtedness properly                 
          allocable to a trade or business.”  Sec. 163(h)(2)(A) (emphasis             
          added).  In Standing, Polk, and Reise, the critical statutory               






Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011