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Strategies & Market Trends : Income Taxes and Record Keeping ( tax )

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To: Nasty P who wrote (148)10/28/1997 10:04:00 AM
From: Colin Cody  Read Replies (1) of 5810
 
Nasty, Re: "Per Sec 163(h) of IRC, beginning in 1991 a deduction is not allowed for personal interest expense. Then it cites examples of personal interest expense: interest on credit-card debt..."
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You are incorrect. 163(h) is NOT a valid cite that says that the interest incurred on credit card debt may not be investment interest expense. Specifically see IRC 163(h)(2)(A) IRC 163(h)(2)(B) IRC 163(h)(2)(C)
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As an aside, your reading of EXAMPLES within IRC 163(h) is interestingly creative, as the code actually has NO SUCH EXAMPLES! (g)
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Therefore, unless you have something further to back up your claim, it stands that CREDIT CARD (VISA, MasterCard etc) INTEREST CAN INDEED BE INVESTMENT INTEREST EXPENSE. See Reg. 1.163-8T(a)(3)
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Colin
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