ORDER
SEDWICK, District Judge.
Plaintiffs James J. Flood and Joan L. Flood bring this action to recover a tax refund of $94,966 plus interest for the 1988 tax year. The parties have submitted the sole issue in this case, whether the Floods may carry forward investment interest deductions in excess of their taxable income under 26 U.S.C. (IRC) § 163(d), for summary judgment based on stipulated facts.
I. FACTS
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