- 19 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011