- 16 - involving the conduct of a trade or business in which the taxpayer does not materially participate. Sec. 163(d)(5)(A)(ii)(II). In the present case, petitioners are not entitled to deduct the $5,016 in interest. Petitioner Brody is in the trade or business of being an employee of KOA and not of lending money. Accordingly, the interest paid by petitioners on the loan from Franklin National Bank constitutes personal interest and, consonant with section 163(h)(2)(A), may not be deducted by petitioners. Nor may petitioners deduct the interest paid as investment interest under section 163(d), because petitioners materially participated in KOA. We sustain respondent’s determination that petitioners are not entitled to the claimed deductions on his Schedule C. Loss Under Section 1244 An individual taxpayer may claim a limited ordinary loss deduction for a loss sustained on the sale, exchange, or worthlessness of section 1244 stock. Sec. 1244(a). Respondent contends that petitioners’ stock in KOA did not constitute section 1244 stock because, among other things, KOA did not satisfy the “gross receipts” test under section 1244(c)(1)(C). We need not address respondent’s contention because the record does not indicate any loss was sustained in 1999 regarding stock of KOA. Petitioners did not file a Form 4797, Sales of BusinessPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011