- 47 - expenditure as personal interest for purposes of section 163(h). Sec. 1.163-8T(b)(5), Temporary Income Tax Regs., supra. As previously noted, section 1.163-8T(c)(3)(ii), Temporary Income Tax Regs., 52 Fed. Reg. 25001 (July 2, 1987), allocates petitioners’ payment of interest on their 1987 Federal individual income tax underpayment to the satisfaction thereof. The treatment of petitioners’ interest payment thus depends on whether the payment of one’s Federal individual income tax liability is an expenditure that is “in connection with the conduct of any trade or business”. While reasonable arguments may lie on either side of this issue, the Secretary has undertaken to resolve it in promulgating section 1.163-9T(b)(2), Temporary Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987), and it is our charge not to resolve that issue ourselves, but rather to determine “whether there is any reasonable basis for the resolution embodied in the Commissioner's Regulation.” Fulman v. United States, 434 U.S. 528, 536 (1978); see also CSX Corp. v. Commissioner, 89 T.C. 134, 153 (1987). We now turn our attention to that task. (b) Section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg. 48409 (Dec. 22, 1987) As applied to the instant case, section 1.163- 9T(b)(2)(i)(A), Temporary Income Tax Regs., supra, treats petitioners’ payment of interest on their 1987 income tax underpayment as nondeductible “personal interest”. The text ofPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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