- 50 - 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.]Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
Last modified: May 25, 2011