Edward A. Robinson III and Diana R. Robinson - Page 94




                                        - 68 -                                         
               appropriate allocation of expenses and interest under                   
               the passive loss rule.  The conferees anticipate that                   
               regulations providing guidance to taxpayers with                        
               respect to interest allocation will be issued by                        
               December 31, 1986.  These regulations should be                         
               consistent with the purpose of the passive loss rules                   
               to prevent sheltering of income from personal services                  
               and portfolio income with passive losses.  Moreover,                    
               the regulations should attempt to avoid inconsistent                    
               allocation of interest deductions under different Code                  
               provisions.4                                                            
                    In the case of entities, a proper method of                        
               allocation may include, for example, allocation of                      
               interest to portfolio income on the basis of assets,                    
               although there may be situations in which tracing is                    
               appropriate because of the integrated nature of the                     
               transactions involved.  Because of the difficulty of                    
               recordkeeping that would be required were interest                      
               expense of individuals allocated rather than traced, it                 
               is anticipated that, in the case of individuals,                        
               interest expense generally will be traced to the asset                  
               or activity which is purchased or carried by incurring                  
               or continuing the underlying indebtedness.                              
               _____________________                                                   
               4  For example, an interest deduction that is disallowed                
               under section 265 [relating to expenses and interest                    
               relating to tax-exempt income] or 291 [relating to                      
               special rules relating to corporate preference items]                   
               should not be allowed, capitalized, or suspended under                  
               another provision.  [H. Conf. Rept. 99-841, at II-146,                  
               supra, 1986-3 C.B. (Vol. 4), at 146.]                                   
               (6) 1986 Blue Book                                                      
               On May 4, 1987, the staff of the Joint Committee on Taxation            
          published its General Explanation of the Tax Reform Act of 1986              
          (1986 Blue Book), which states in pertinent part as follows (pp.             
          262-264, 266):                                                               
               C.  Interest Deduction Limitations (Sec. 511 of the Act and             
                    secs. 163(d) and (h) of the Code)55                                







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