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this type of interest is nondeductible personal interest under
section 1.163-9T, Temporary Income Tax Regs., 52 Fed. Reg. 48409
(Dec. 22, 1987). Petitioner argues that section 1.163-9T,
Temporary Income Tax Regs., supra, does not apply here (and,
hence, neither does Redlark v. Commissioner, supra) in that, he
claims, those regulations have expired under section 7805(e)(2).
We disagree with petitioner that the referenced regulations
have expired under section 7805(e)(2). Whereas petitioner notes
correctly that the regulations in section 1.163-9T, Temporary
Income Tax Regs., supra, are temporary regulations and that
section 7805(e)(2) provides that “Any temporary regulation shall
expire within 3 years after the date of issuance of such
regulation”, petitioner fails to observe that section 7805(e)(2)
applies only to regulations issued after November 20, 1988.
Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647,
sec. 6232(a), 102 Stat. 3734. Section 1.163-9T, Temporary Income
Tax Regs., supra, was issued on December 22, 1987, approximately
11 months before the effective date of section 7805(e)(2). On
the basis of Redlark v. Commissioner, supra, and, more recently,
our opinion in Robinson v. Commissioner, 119 T.C. 44 (2002)
(holding that this Court shall no longer follow our opinion in
Redlark as to this issue), we sustain respondent’s determination
on this issue.
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