- 11 - personal interest, sec. 163(h)(2)(B), and may be deducted to the extent of the taxpayer’s net investment income.4 Sec. 163(d). Investment interest includes interest which is paid or accrued on indebtedness properly allocable to property held for investment. Sec. 163(d)(3)(A). 2. Whether Margin Interest Is Investment Interest Margin interest is interest charged to customers on margin debt incurred in connection with purchases of stock or securities. In re Olympia Brewing Co. Sec. Litig., 612 F. Supp. 1370, 1374 (N.D. Ill. 1985). Margin interest generally is investment interest. See, e.g., Estate of Yeager v. Commissioner, 889 F.2d 29 (2d Cir. 1989), revg. on another issue, 4 Neither party discussed whether petitioner’s margin interest is deductible under sec. 163(d). Sec. 163(d) provides in pertinent part: SEC. 163(d). Limitations on Investment Interest.–- (1) In General.--In the case of a taxpayer other than a corporation, the amount allowed as a deduction under this chapter for investment interest for any taxable year shall not exceed the net investment income of the taxpayer for the taxable year. * * * * * * * (3) Investment Interest.--For purposes of this subsection-- (A) In general.--The term “investment interest” means any interest allowable as a deduction under this chapter (determined without regard to paragraph (1)) which is paid or accrued on indebtedness properly allocable to property held for investment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011