Edward A. Robinson III and Diana R. Robinson - Page 124




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          Internal Revenue Service.5  It is difficult to imagine that                  
          Congress was not aware of the number of individuals engaged in               
          sole proprietorships in 1986.  It is even more difficult to                  
          comprehend that Congress would deny this large segment of the                
          business world a deduction for interest, which I believe is                  
          clearly allocable to a trade or business, without more discussion            
          in the legislative history, or at least a clear directive to the             
          Commissioner to effect such a policy.  To permit such a result is            
          to allow the Commissioner to make an end run around the                      
          legislative powers of Congress.                                              
               For the foregoing reasons, I respectfully dissent.                      
               SWIFT, COLVIN, LARO, and VASQUEZ, JJ., agree with this                  
          dissenting opinion.                                                          



















               5 Statistics of Income Bulletin, Vol. 21, no. 1, from table             
          1.–Nonfarm sole proprietorships: business receipts,  payroll, and            
          net income, by industrial sectors classified with the North                  
          American Industries Classification System, Summer 2001.                      




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