Robinson v. Comm'r
United States Tax Court
P-H operated a law practice as a sole proprietorship at all relevant times. R audited Ps' 1987 joint tax return and made several adjustments to the Schedules A and C attached to this tax return. Ps agreed to R's adjustments and the resulting deficiencies and additions to tax. In 1994, R seized real property that Ps owned; in 1995, R sold the property and applied the proceeds to Ps' underpayment of their 1987 income tax liability and interest thereon.
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P-H operated a law practice as a sole proprietorship at all relevant times. R audited Ps' 1987 joint tax return and made several adjustments to the Schedules A and C attached to this tax return. Ps agreed to R's adjustments and the resulting deficiencies and additions to tax. In 1994, R seized real property that Ps owned; in 1995, R sold the property and applied the proceeds to Ps' underpayment of their 1987 income tax liability and interest thereon. On Schedule C of their 1995 joint tax return, Ps deducted the 1987 underpayment interest that had been thus paid. 1. Held: Insofar as sec.…
1DissentSwift, J.
Mainly for the reasons set forth in my prior concurring opinion in Redlark v. Commissioner, 106 T.C. 31, 48-49 (1996), revd. and remanded 141 F.3d 936 (9th Cir. 1998), I believe petitioners’ income tax deficiency interest should be regarded as properly allocable to petitioners’ business under section 163(h)(2)(A) and as deductible under section 163(a).
None of the five Courts of Appeals’ opinions cited by the majority, nor the instant majority opinion, persuades me to the contrary. Within the jurisdictions of the seven other geographic Courts of Appeals, taxpayers still are entitled to rely on…
2Cases cited17 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Allen v. Comm'rUnited States Tax Court · 2002
- Lardas v. CommissionerUnited States Tax Court · 1992
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