Edward A. Robinson III and Diana R. Robinson - Page 64




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          and (2) section 1.163-9T(b)(2)(i)(A), Temporary Income Tax                   
          Regs.,17 52 Fed. Reg. 48409 (Dec. 22, 1987).  See Redlark v.                 


               16(...continued)                                                        
               proceeds are disbursed to the taxpayer, the debt is treated             
               for purposes of this section as if the taxpayer used an                 
               amount of the debt proceeds equal to the balance of the debt            
               outstanding at such time to make an expenditure for such                
               property, services, or other purpose.                                   
               17  Sec. 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs.,              
          supra, provides as follows:                                                  
               Sec. 1.163-9T Personal interest (temporary).                            
                           *    *    *    *    *    *    *                             
                    (b) Personal interest–-                                            
                           *    *    *    *    *    *    *                             
                    (2) Interest relating to taxes–-(i) In general.  Except            
               as provided in paragraph (b)(2)(iii) of this section,                   
               personal interest includes interest–-                                   
                    (A) Paid on underpayments of individual Federal, State             
               or local income taxes and on indebtedness used to pay such              
               taxes (within the meaning of sec. 1.168-8T), regardless of              
               the source of the income generating the tax liability.                  
                           *    *    *    *    *    *    *                             
                    (ii) Example.                                                      
                    A, an individual, owns stock of an S corporation.  On              
               its return for 1987, the corporation underreports its                   
               taxable income.  Consequently, A underreports A’s share of              
               that income on A’s tax return.  In 1989, A pays the                     
               resulting deficiency plus interest to the Internal Revenue              
               Service.  The interest paid by A in 1989 on the tax                     
               deficiency is personal interest, notwithstanding the fact               
               that the additional tax liability may have arisen out of                
               income from a trade or business.  The result would be the               
               same if A’s business had been operated as a sole                        
               proprietorship.                                                         
                                                              (continued...)           





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