- 9 - the repurchase”. S. Rept. 99-313, at 223 (1986), 1986-3 C.B. (Vol. 3) 1, 223; H. Conf. Rept. 99-841, at 168-160 (1986), 1986-3 C.B. (Vol. 4) 1, 168-160. In holding that the phrase “in connection with” should be interpreted broadly, the Court also noted: When Congress adopted “in connection with” for use in section 461(g)(2), it was aware of the Supreme Court’s interpretation of the same language in Snow.[5] Therefore, it is reasonable to assume that they intended the same broad interpretation to be given to section 461(g)(2). Thus, based on the language of the statute and past judicial interpretations of that language, we conclude that section 461(g)(2) should be broadly construed. [Fort Howard Corp. & Subs v. Commissioner, supra at 353 n.16 (quoting Huntsman v. Commissioner, 905 F.2d 1182, 1183 (1990), revg. 91 T.C. 917 (1988)).] Petitioners commenced their home improvements 9 days after their refinancing. Mr. Hurley testified that they refinanced their home mortgage in order to “free up money to be able to do home improvements. That was the whole idea of it”. It is immaterial that the cost of the improvements exceeded petitioners’ savings from the refinancing. The difference is not grossly disproportionate. The Court finds petitioners’ testimony and the evidence presented credible and is satisfied that they 5The Supreme Court, in Snow v. Commissioner, 416 U.S. 500 (1974), held that Congress intended the phrase “in connection with”, as used in sec. 174, to have a broad legislative objective and provide an economic incentive; therefore, it should be interpreted broadly.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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