Cooper River Office Building Associates, Management of Cooper River, Inc., Tax Matters Partner - Page 3

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          Partnership of the Rule-of-78's to calculate the accrual of                 
          interest with respect to the Partnership's indebtedness on the              
          promissory note.  We concluded that the Partnership was required            
          to calculate the accrual of interest using the economic accrual             
          of interest.                                                                
               In Levy v. Commissioner, T.C. Memo. 1991-646, we concluded             
          further that only $2,370,000, or approximately 50 percent, of the           
          $4,770,000 stated principal amount of the above-referred-to                 
          promissory note reflected genuine indebtedness that would be                
          recognized for Federal income tax purposes.  We explained as                
          follows:                                                                    

                    Accordingly, after the cash downpayment paid by                   
               * * * [the Partnership] in the amount of $530,000 is                   
               recognized, the mortgage note indebtedness of * * *                    
               [the Partnership] is treated as having economic                        
               substance only to the extent of $2,370,000 ($2.9                       
               million less $530,000).  Interest deductions are                       
               allowed to * * * [the Partnership] only to the extent                  
               they relate to the portion of the mortgage note                        
               indebtedness that is recognized herein and only on the                 
               basis of the economic accrual of interest.                             

               In light of the above holding and conclusion, respondent               
          allowed as an interest deduction only that portion of each                  
          $43,725 monthly payment that properly represents interest                   
          relating to the $2,370,000 principal portion of the $4,770,000              
          stated indebtedness on the promissory note that was recognized              
          for Federal income tax purposes.  Because the monthly payments of           
          $43,725 actually exceed the allowable interest deduction                    





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