- 5 - the distribution pertaining to the VAP policy is taxable, then the interest incurred on the borrowed funds is investment interest which should be netted against the interest income petitioner received via the settlement. Section 163(a) generally allows as an interest deduction all interest paid or accrued within the taxable year on indebtedness. Section 163(d)(1), however, limits a noncorporate taxpayer's deduction for investment interest to "the net investment income of the taxpayer for the taxable year". Furthermore, section 163(d)(2) allows the taxpayer to carry forward any investment interest expense disallowed under the general limitation for the taxable year and deduct it as an investment expense paid or accrued in the succeeding taxable year to the extent that the taxpayer has net investment income in that year. Section 163(d)(4)(A) defines "net investment income" as the excess of investment income over investment expenses. Investment income includes interest, dividends, annuities, or royalties not derived in the ordinary course of a trade or business. Secs. 163(d)(5)(A)(i), 469(e)(1). Petitioner would have to have investment interest expenses incurred in or carried forward to 1999 in order to have something to offset against the interest income he received from the 1999 settlement. A "Statement of Policy Loan" from Prudential to petitioner shows that petitioner made an interest payment ofPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011