Andrew and Margita Zards et al. - Page 18

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          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).                                                     






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