- 18 - the property between land and any depreciable buildings or other depreciable improvements. Thus, petitioners have failed to substantiate Good Shepherd's deductions for depreciation. Moreover, petitioners have failed to show that any buildings or other depreciable improvements were placed in service in any trade or business or profit-making activity during the years in issue. We already have concluded that, during those years, Good Shepherd was engaged in preopening activities with regard to the business of operating a nursing home. Good Shepherd was not then engaged in any trade or business or other profit-making activity, and, for that reason alone, Good Shepherd may not claim any deductions for depreciation for those years. D. Interest Section 163(a) states: "There shall be allowed as a deduction all interest paid or accrued within the taxable year on indebtedness." Deductible interest is a payment for the use or forbearance of money. Deputy v. du Pont, 308 U.S. 488, 497 (1940). It is well settled that the indebtedness referred to in section 163(a) must be genuine, and economic realities govern over the form in which a transaction is cast. Knetsch v. United States, 364 U.S. 361, 365-366 (1960). An indebtedness is an existing, unconditional, and legally enforceable obligation for the payment of a principal sum. E.g., Landry v. Commissioner, 86 T.C. 1284, 1308 (1986).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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