Edward A. Robinson III and Diana R. Robinson - Page 57




                                       - 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.                                                  





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