Edward A. Robinson III and Diana R. Robinson - Page 96




                                        - 70 -                                         
               extent of its basis plus the amount of such debt used to pay            
               certain educational or medical expenses), provided the total            
               amount of such debt does not exceed the fair market value of            
               such residence.                                                         
                           *    *    *    *    *    *    *                             
               Personal interest                                                       
                    Under the Act, personal interest is not deductible.                
               Personal interest is any interest, other than interest                  
               incurred or continued in connection with the conduct of a               
               trade or business (other than the trade or business of                  
               performing services as an employee), * * * investment                   
               interest, or interest taken into account of computing the               
               taxpayer’s income or loss from passive activities for the               
               year.  Thus, personal interest includes, for example,                   
               interest on a loan to purchase an automobile, interest on a             
               loan to purchase a life insurance policy, and credit card               
               interest, where such interest is not incurred or continued              
               in connection with the conduct of a trade or business.                  
               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.                                                                
                    Personal interest does not include qualified residence             
               interest of the taxpayer, as discussed below.                           
               _____________                                                           
               55 For legislative background of the provision, see: H.R.               
               3838, as reported by the House Committee on Ways and Means              
               on December 7, 1985, sec. 402; H.Rep. 99-426, pp. 296-301;              
               H.R. 3838 as reported by the Senate Committee on Finance on             
               May 29, 1986, sec. 1421; S.Rep. 99-313, pp. 802-808; and                
               H.Rep. 99-841, Vol. II (September 18, 1986), pp. 151-157                
               (Conference Report).                                                    
               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.)  In             





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