James K. Wise and Claudia R. Wise - Page 18

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               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 tax              






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