- 10 - v. Commissioner, 91 T.C. 371, 392 (1988); Coleman v. Commissioner, supra at 209-210. The issue presented to us in petitioner’s instant motion, however, involves a slightly different issue -- namely, once actual payments (or portions thereof) are disallowed as “interest”, should such payments be treated as repayments of the principal portion of the stated indebtedness that is to be recognized for Federal income tax purposes and thereby reduce the interest allowable in subsequent periods. We have found limited but helpful authority on this issue. In Bizub v. Commissioner, T.C. Memo. 1983-280, payments of $58,500 designated as “prepaid” interest were made with respect to stated principal on an inflated, nonrecourse indebtedness. Claimed interest deductions relating to payments of “prepaid” interest were disallowed, and the payments were treated as repayments of principal. See also Siegel v. Commissioner, 78 T.C. 659, 687 n.5 (1982). In Prussin v. Commissioner, T.C. Memo. 1990-287, on remand from the Third Circuit (Pleasant Summit Land Corp. v. Commissioner, 863 F.2d 263 (3d Cir. 1988), affg. in part and revg. in part T.C. Memo. 1987-469), nonrecourse indebtedness associated with the purchase of an apartment building was treated as genuine indebtedness to the extent only of the fair market value of the building. The taxpayers therein argued that the interest deduction that should be allowed should be calculated byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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