- 9 - it, the relevant text when read in the light of the statutes’ legislative intent allows respondent for purposes of the numerator to treat Investments’ assets as owned by Peoples. We agree with petitioner that the relevant text does not include in the numerator the tax-exempt obligations purchased and owned by Investments. Section 265(a)(2) provides that no deduction shall be allowed for interest on indebtedness incurred or continued to purchase or carry obligations the interest on which is wholly exempt from Federal income tax. For purposes of that provision, whether a taxpayer’s indebtedness was incurred or continued to purchase or carry tax-exempt obligations generally depends on the taxpayer’s purpose in incurring the indebtedness. See Wisconsin Cheeseman, Inc. v. United States, 388 F.2d 420, 422 (7th Cir. 1968). In other words, a disallowance of interest expenses under section 265(a)(2) requires a finding of a sufficiently direct relationship between a borrowing and a tax-exempt investment. See id. Congress enacted section 291(a)(3) and (e)(1)(B) in 1982. See Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec. 204(a), 96 Stat. 423. As enacted, those 3(...continued) obligations. For purposes of our analysis, we consider the relevant text of each of those sections to be the same and refer to that text as the relevant text.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: March 27, 2008