- 12 - payment is excepted from the definition of nondeductible “personal interest” pursuant to section 163(h)(2)(A). D. Applicability of Section 163(h)(2)(B) Petitioners’ Exhibit 13, placed in evidence during the hearing, consists of a copy of the instructions for preparing I.R.S. Form 4952, Investment Interest Expense Deduction (the Form 4952 instructions). At the hearing, Peter noted that the Form 4952 instructions state that property held for investment includes property that produces income from annuities. Although petitioners have failed to elaborate further, either at the hearing or in their brief, we interpret Peter’s introduction of the Form 4952 instructions as an attempt to argue that at least a portion of the $64,000 interest payment is deductible as “investment interest” pursuant to section 163(h)(2)(B), and, more specifically, that such interest was “paid * * * on indebtedness properly allocable to property held for investment” (i.e., the annuity purchased by the Colorado State Lottery to fund the lottery payments to Mary). Sec. 163(d)(3)(A). Assuming that we have accurately described petitioners’ argument, we find it to be without merit. The annuity allegedly “held for investment” was held by the Colorado State Lottery, not by Mary who incurred the interest expense. More significantly, petitioners explicitly stipulated that the loans, to the extent of $100,000, were used to purchase or improve petitioners’Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011