- 31 - We do not intend in the instant case to overrule any of the three pre-TRA 1986 opinions--Standing, Polk, or Reise. The statutory terms construed in those cases have been carried forward from the Internal Revenue Code of 1939 and now appear in section 162(a) (“paid or incurred * * * in carrying on any trade or business”), section 62(a)(1) (“attributable to a trade or business carried on by the taxpayer”), and section 172(d)(4) (“attributable to a taxpayer’s trade or business”). However, the result of the Congress’s decisions (1) to use different language in section 163(h)(2)(A) and (2) to provide in section 163(h)(1) that the disallowance rule overrode everything else in chapter 1, is that, as to the issue we cited them for in Redlark, the pre-TRA 1986 opinions have become irrelevant to the determination of chapter 1 tax liabilities. (4) The Conference Report, The 1986 Blue Book In Redlark v. Commissioner, 106 T.C. at 42-45, we discussed the following sentence from the TRA 1986 conference committee explanation-- Personal interest also generally includes interest on tax deficiencies --with special focus on “generally” and “tax deficiencies”. We noted that “deficiency” is a term of art with a settled 11(...continued) enacted TRA 1986 language or the enacted TAMRA 1988 language was intended to have the same meaning as the language interpreted in the pre-TRA 1986 opinions.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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