WALLACH v. UNITED STATES

Appeal No. 86-541.

800 F.2d 1121 (1986)

Eli WALLACH and Anne (Jackson) Wallach, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

September 16, 1986.


Attorney(s) appearing for the Case

Lawrence Keiser, Stern & Keiser, New York City, argued, for appellants.

Raymond Hepper, Dept. of Justice, Washington, D.C., argued, for appellee. With him on the brief were Roger M. Olson, Acting Asst. Atty. Gen., Michael L. Paup and Richard Farber.

Before FRIEDMAN, SMITH, and NIES, Circuit Judges.


FRIEDMAN, Circuit Judge.

The question for decision in this appeal from the judgment of the United States Claims Court dismissing an income tax refund suit is whether in determining the additional minimum income tax on "tax preference" items imposed by sections 56 and 55 of the Internal Revenue Code, interest the taxpayers paid on borrowings to finance the purchase of debt securities is directly deductible from the interest they received from the securities in computing...

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