- 3 - 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 deductionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011