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MILLER v. COMMISSIONER

Docket No. 2093-75.

70 T.C. 448 (1978)

HARRIS M. MILLER AND PHYLLIS MILLER, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed June 15, 1978.

Attorney(s) appearing for the Case

Charles E. Hammond and Billy S. Sparks, for the petitioners.

John W. Paul, for the respondent.

WILBUR, Judge:

Respondent determined a deficiency in petitioners' Federal income tax for 1970 in the amount of $4,999. The sole issue for decision is whether an interest expense, incurred on a loan obtained to purchase controlling interest in the common stock of a bank, constituted an "investment interest expense" as defined in section 57(b)(2)(D), for purposes of the minimum tax imposed by section 56.1

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