- 18 - Respondent disallowed $3,775 of interest expense deductions claimed on petitioners' 1985 Federal income tax return. Petitioners argue that they are entitled to an interest expense deduction of $1,032 relating to a promissory note payable to petitioner's mother. Furthermore, in their opening brief petitioners claim additional interest deductions not taken on their tax return. Section 163(a) allows cash basis taxpayers a deduction for "all interest paid * * * within the taxable year on indebtedness." Furthermore, cash basis taxpayers must capitalize prepaid interest and deduct such interest over the period to which it relates. Sec. 461(g). Petitioners argue that the interest portion of the advance payment made on the promissory note was properly deducted in 1985. Petitioner conceded that the same amount was deducted in 1986; however such fact is irrelevant, because 1985 is the year at issue. Respondent does not dispute this fact; instead respondent argues that petitioner is getting a double deduction, and therefore it should be disallowed. We do not decide whether petitioners have erroneously taken a deduction in 1986, because that year is not before us. Instead we look to whether petitioners properly deducted the interest payment in 1985. Since petitioners apportioned the amount of interest from the due date of the payment until the end of taxPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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