- 99 - SWIFT, J., dissenting: Mainly for the reasons set forth in my prior concurring opinion in Redlark v. Commissioner, 106 T.C. 31, 48-49 (1996), revd. and remanded 141 F.3d 936 (9th Cir. 1998), I believe petitioners’ income tax deficiency interest should be regarded as properly allocable to petitioners’ business under section 163(h)(2)(A) and as deductible under section 163(a). None of the five Courts of Appeals’ opinions cited by the majority, or the instant majority opinion, persuades me to the contrary. Within the jurisdictions of the other seven geographic Courts of Appeals, taxpayers still are entitled to rely on our Court-reviewed Redlark opinion, and that is exactly what Mr. and Mrs. Robinson have done. Lardas v. Commissioner, 99 T.C. 490, 495 (1992). Two separate but related facts in this case are clear and undisputed: (1) Under the express and clear language of section 163(h)(2)(A), if an interest expense is “properly allocable” to a trade or business, the interest expense is deductible; and (2) the tax adjustments giving rise to petitioners’ 1987 tax deficiency arose directly from and in connection with petitioners’ law business. Accordingly, some portion of the related interest expense should be allocable to the business and should be deductible. Under respondent’s “temporary” regulation, section 1.163- 9T(b)(2)(i)(A), Temporary Income Tax Regs., 52 Fed. Reg. 48409Page: Previous 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Next
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