Roman G. Satko - Page 6

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          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 of                






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