- 89 - directly allocable” is more restrictive than “properly allocable”. Congress could have used the same standard, “clearly and directly” in sections 469(e) and 163(h)(2)(A), yet, instead, used the “properly allocable” standard for section 163(h)(2)(A). Case law prior to the enactment of section 163(h)(2)(A) defined the nexus between an interest expense and a trade or business. An interest expense arising from a deficiency related to a trade or business was treated like other business expenses and could be deducted by a sole proprietorship. Standing v. Commissioner, 28 T.C. 789 (1957, affd. 259 F.2d 450 (4th Cir. 1958); see Polk v. Commissioner, 31 T.C. 412 (1958), affd. 276 F.2d 601 (10th Cir. 1960); see also Reise v. Commissioner, 35 T.C. 571 (1961), affd. 299 F.2d 380 (7th Cir. 1962). The above cases relied on sections 22(n)(1), 23(a)(1)(A) and 122(d)(5) of the Internal Revenue Code of 1939. This definition comports with the holding in United States v. Gilmore, 372 U.S. 39, 49 (1963), which provided that the relevant inquiry is whether “the origin and character of the claim with respect to which an expense was incurred * * * is the controlling basic test of whether the expense was ‘business’ or ‘personal’* * *”. Id. Congress is considered to be aware of these cases and the decisions existing before enactment of legislation. Dresser Indus. v. United States, 238 F.3d 603 (5th Cir. 2001). Congress is considered to be aware of “all pertinent judgments by ourPage: Previous 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Next
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