Edward A. Robinson III and Diana R. Robinson - Page 73




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          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 of              





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