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