Edward A. Robinson III and Diana R. Robinson - Page 115




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          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 our                 






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