Andrew and Margita Zards et al. - Page 19

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               A taxpayer may deduct as interest on its indebtedness                  
          interest paid by the taxpayer on a mortgage upon real estate of             
          which the taxpayer is the legal or equitable owner even though              
          the taxpayer is not directly liable upon the bond or note secured           
          by such mortgage.  Sec. 1.163-1(b), Income Tax Regs.  However,              
          only interest paid or accrued on a mortgage on property for the             
          period after the taxpayer becomes the legal or equitable owner of           
          the property is deductible under section 163.  Hyde v.                      
          Commissioner, 64 T.C. 300, 306 (1975) (interest accruing before,            
          but paid by the taxpayer, must be capitalized).                             
               We are unconvinced that Good Shepherd either made any                  
          payments of interest during the years in question or had any                
          genuine indebtedness that would entitle it a tax deduction for              
          interest paid or accrued.  No schedule particularizes the                   
          interest deducted on the Good Shepherd returns.  Petitioners have           
          not introduced into evidence any check or other direct evidence             
          that shows that Good Shepherd paid either principal or interest             
          on any indebtedness.  Indeed, journal entries made by Good                  
          Shepherd regarding 1985, 1986, and 1987 indicate that no payments           
          of principal were made on either the first or second Kasa                   
          obligations during such periods.                                            
               We assume that the indebtedness with regard to which                   
          petitioners claim interest deductions are (1) the Salesian                  
          obligation, (2) the first Kasa obligation, and (3) the second               
          Kasa obligation.                                                            




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