Edward A. Robinson III and Diana R. Robinson - Page 76




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          issue before us as the Joint Committee staff summary does, one               
          may reasonably view these two pieces of legislative history as               
          being consistent with one another.  At the very least, in light              
          of the Joint Committee staff summary, and the validation of                  
          section 1.163-9T(b)(2)(i)(A), Temporary Income Tax Regs., supra,             
          by five Courts of Appeals, an interpretation of the Joint                    
          Statement of Managers portion of the conference committee report             
          that includes income tax deficiencies within the definition of               
          personal interest cannot be said to be clearly inconsistent with             
          section 163(h)(2)(A).  We so conclude.                                       
               We reached the opposite conclusion in Redlark v.                        
          Commissioner, 106 T.C. at 46, and we used that conclusion as the             
          basis for disregarding the 1986 Blue Book.  The 1986 Blue Book               
          provides, in pertinent part, as follows:                                     
               Personal interest also includes interest on                             
               underpayments of individual Federal, State or local                     
               income taxes notwithstanding that all or a portion of                   
               the income may have arisen in a trade or business,                      
               because such taxes are not considered derived from the                  
               conduct of a trade or business.60  However, personal                    
               interest does not include interest payable on estate                    
               tax deferred under sections 6163 or 6166.                               
               ________________                                                        
               60  Personal interest does not include interest on                      
               taxes, other than income taxes, that are incurred in                    
               connection with a trade or business.  (For the rule                     
               that taxes on net income are not attributable to a                      
               trade or business, see Treas. Reg. sec. 1.62-1(d),                      
               relating to nondeductibility of State income taxes in                   
               computing adjusted gross income.)  * * *  [1986 Blue                    
               Book at 266.]                                                           








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