Edward A. Robinson III and Diana R. Robinson - Page 68




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          choosing to use a definition different from the statutory phrases            
          we had earlier construed, the Congress apparently intended a                 
          meaning different from the meaning of those earlier statutory                
          phrases, but the statutory text does not reveal specifically what            
          that difference is.  The history of the legislation provides some            
          support for a specific answer, but that support is rebuttable.               
               Every Court of Appeals which has addressed the issue                    
          presented herein has reached the same conclusion that the statute            
          is silent or ambiguous.  Kikalos v. Commissioner, 190 F.3d at                
          797; McDonnell v. United States, 180 F.3d at 723; Allen v. United            
          States, 173 F.3d at 536 (describing the term “properly allocable”            
          as “manifestly ambiguous”); Redlark v. Commissioner, 141 F.3d at             
          940 (describing as “untenable” the “assertion that the words,                
          ‘properly allocable’, unambiguously specify that interest on                 
          business-related personal income tax deficiencies should be                  
          deductible”); Miller v. United States, 65 F.3d at 690 (describing            
          Congress’s failure to “define what constitutes business interest”            
          as “an implicit legislative delegation of authority to the                   
          Commissioner to clarify whether income tax deficiency interest is            
          ‘properly allocable to a trade or business.’”); see also Tedori              
          v. United States, 211 F.3d 488, 493 (9th Cir. 2000) (stating                 
          “‘the common and ordinary meaning’ of the statutory phrase                   
          ‘properly allocable to a trade or business’ is not at all                    
          plain”).                                                                     






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