Dieter Stussy - Page 6

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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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