Cooper River Office Building Associates, Management of Cooper River, Inc., Tax Matters Partner - Page 10

                                       - 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 by           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011